The Question:
My child’s father says he is “ready to give up his rights” and will just “sign them over to his mom.” Can he do that without my consent?
RJ Says:
He cannot force you to allow him to transfer his rights to his mother. You could agree to allow Grandmother to exercise time with the child, but he cannot simply sign over his parental rights or parenting time to her without your consent.
You certainly have the right to file a Petition to Modify parenting time if he is not exercising the parenting time ordered by the court. If he is not using his time, the court can address whether the existing parenting plan should be changed.
Grandmother may have her own right to seek visitation. However, grandparent visitation is usually nowhere near the same as what a parent may be entitled to receive.
I would also be concerned that knowingly allowing Grandmother to exercise Father’s parenting time could create some sort of precedent regarding how much time she might later request in a grandparent visitation matter.
An experienced family law attorney can help you consider your options, protect your rights, and determine whether a Petition to Modify is appropriate. We offer free 30-minute consultations to discuss your matter in detail and develop a plan.
Call (602) 256-7575 to schedule your consultation with an experienced Phoenix family law attorney.