How To Terminate Temporary Guardianship: Fill & Download for Free

If she only has temporary guardianship then the child is not available for adoption. You either need to relinquish your rights or have them terminated by the court. Father’s rights would need to terminated as well. Probate court has the jurisdiction to do neither. Go back to probate court and either get the guardianship terminated or at the very least get some sort of visitation order put into place.

I’m almost positive it’s not legal to sign adoption papers prior to birth. It’s definitely not ethical. It may be possible that papers can be signed stating an intention for an adoption, but they wouldn’t be legally binding. In the US, there is a waiting period after birth before the parents can sign any paperwork to start adoption proceedings. It varies by state. Then even after the parents have signed papers granting the tentative adoptive parents temporary guardianship, there is another waiting period during which the birth parents can change their minds. Once that second period has expired, parental rights are terminated, but even then there is a longer waiting period in which the adoption can be reversed if the birth parents can show that they were coerced into their decision.In our situation, we met my son’s birth mom about 2 months before she was due. After the lunch meeting, we all decided to move forward with the intention to adopt and met for lunch and doctor appointments many times in the weeks leading up to her due date. The day after he was born, she signed papers granting us temporary guardianship, which allowed us to make all legal decisions and be financially responsible for him. A week after his birth, she met with a social worker and a lawyer who explained her rights and the legal ramifications of her decision, and then she signed paperwork terminating her parental rights. She had exactly a week following that meeting to change her mind for any reason at all. Once that time expired, her rights were terminated and paperwork was filed with the courts to complete the adoption. That was in June, and the court date to finalize the adoption is in November.Some feel it’s unethical to make adoption plans prior to birth because the mom may feel obligated to follow through even if she changes her mind. That may be because she feels pressured by the hopeful adoptive parents, by her family if that’s the option they support, by the financial help she may have received, or by not wanting to break the hopeful adoptive parents’ hearts. I can definitely see this side of things. In my situation, it worked for us all. I would think the expecting mom would want time to get to know the hopeful adoptive parents in the time leading up to the birth, but I can see how that same time could mess with her head.

The procedure may vary from state to state, but generally, you should be able to find a Temporary Guardianship form for your state—-trying Googling that phrase. It will basically be a form for your daughter to sign, granting you temporary custody of her son for (generally) a six month period or until terminated.In the alternative, you could make an appointment with an attorney in your area who offers free consultations (many do) to get specific information. It should not require an attorney to get the temporary guardianship, but it would be helpful if you can just talk the situation over with the attorney and they can answer any questions you have and just guide you to the correct procedure.Best of luck with that, as it is a trying situation, and I hope it goes as smoothly as it can for you and your family.