As a parent, and subject to the consent of the other parent (if there is another legal parent present), placement of your child with another is completely within your discretion. So, if you want your child to live with, and be cared for by, any other person, you are to make that decision.
It is only when you want that other person to be able to exercise parental rights, for example the right to consent to medical treatment or to enroll the child in school, that you must be concerned about your legal requirements.
Guardianship is one way to accomplish transferring parental rights/responsibilities, but there are several other mechanisms that are also available.
Guardianship is the act of appointing some person to act as Guardian (in the place of the Court) of a “vulnerable person” (which could be a minor, an elderly person, or a mentally incapacitated person, etc.).
Parents are natural guardians of their children, but if they desire that some other person act as guardian then they can consent to an application of guardianship by that other person.
So, if a parent wanted their child to be under the guardianship of the child’s grandmother, for example, they could consent to the application of that grandmother to be appointed guardian.
Guardianship can be a cumbersome process, though, as it includes the need for certification, education, and the filing of plans that may include financial arrangements.
Guardianship can also be cumbersome when one wants to terminate it and return to the status quo ante.
A less cumbersome procedure is one commonly referred to as a 751 proceeding. “751” refers to the chapter in Florida Statutes where the procedure is described.
Under Chapter 751, an extended relative may petition the court for custody of a minor child.
The process can be contested or uncontested.
The order ultimately entered (either upon consent or after a hearing establishing appropriate grounds) would grant to the extended relative temporary custody of the child and the right of that person to consent to medical treatment, obtain the child’s relevant records, enroll the child in school, or to do anything else necessary for the care of the child.
Such an order would also detail the temporary nature of the custody, by setting guidelines for a parent to follow in order to have the child placed back in their custody.
The order can also be for concurrent custody, which would allow the parents and the other relative to provide for the child concurrently.
In 751 proceedings there may be a requirement that the parent be able to prove fitness in order to regain custody, so consenting to such a procedure, eliminating the need to prove fitness, may be the way to go for a parent that wants to give away custody but retain the right to simply change their mind in the future.
Another alternative would be for a parent to sign a document that voluntarily grants to another person the same things that a court in a 751 proceeding would order.
No judicial involvement is needed for such a procedure.
This method, though, may leave third parties (like schools or medical providers) in a bind because they may not be willing to accept the document as proof needed to consent, etc.
If the state (DCF) has become involved, you may consent to the state placing the child in a relative’s care.
In such a situation you will likely be granted a case plan, including tasks that you will need to perform in order that your parental rights will not later be terminated.
So long as you follow the case plan, your parental rights should not be terminated.
Contact Men’s Rights Law Firm in Cape Coral, Florida to determine which method is right for you. Call us today at 239-829-0166.