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HI I WAS WONDERING IF IT IS LEGAL FOR A SOCIAL WORKER TO MAKE A BIRTHMOTHER SIGN HER RIGHTS AWAY WHEN SHE DIDNT EVEN KNOW WHAT SHE WAS SIGNING? MY SON WAS REMOVED FROM MY HOME DUE TO NEGLECT ON MY HUSBANDS DOING. I HAD A CHANCE TO GET MY SON BACK BUT ONLY UNDER THE SOCIAL WORKERS TERMS, I DID EVERYTHING I COULD THINK OF TO GET HIM BACK BUT THE SOCIAL WORKER DID NOT LIKE IT AND SO HE MADE ME SIGN MY RIGHTS AWAY TO MY SON. I WAS SUPPOSE TO GET A JOB( SO THE SOCIAL WORKER STATED ) BUT WAS FILING FOR DISABILITY. AND I STATED THIS TO THE SOCIAL WORKER.
I AM NOW ON DISABILITY AND HAVE A NEW HOME AND STEADY INCOME COMING IN. ANOTHER THING IS, IS IT LEGAL IF THERE WAS NO PAPERS SERVED TO YOU BEFORE A COURT HEARING FOR ADOPTION AND I RECIEVED PAPERS FROM SOCIAL SERVICES FROM THE COURT SAYING MY RIGHTS HAVE BEEN TERMINATED TO MY SON, BUT THERE ARE NO JUDGES SIGNATURE ON THESE PAPERS? I HAVE TALKED TO SEVERAL LAWYERS CONCERNING THIS CASE AND ALL THEY TELL ME IS IF I HAVE SO MUCH MONEY THEY CAN HELP, BUT I AM ON DISABILITY AND DONT HAVE THAT KIND OF MONEY. I NEVER RECIEVED ANY PAPERS TO BE ABLE TO FIGHT TO GET MY SON BACK AND NOW I AM STUCK. MY SON WAS REMOVED FROM MY CARE WHEN HE WAS 5 AND A HALF YRS OLD, HE WAS ADOPTED WHEN HE WAS 6 YRS OLD AND NOW HE IS 8.
I JUST RECENTLY RECIEVED A PHONE CALL FROM A BOY AND HE ASKED ME IF I WAS HIS MOMMY, BUT I DIDNT GET A CHANCE TO ASK ANYTHING FROM HIM AS TO HE HUNG UP ON ME. IS THERE ANY THING I CAN DO ABOUT THIS AND IS THERE ANY KIND OF HELP I CAN GET? THANK YOU!
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If the the child has been legally adopted, then your rights were terminated-either voluntary by signing the agreement(even if you didn't understand what it was) or a court terminated them. As far as a court would be concerned, it would be your word against the SWer's as to wether you were coerced or voluntarily gave up your rights. I'm sure some lawyers would be happy to collect a lot of money, but likely it would drag out in the courts for years and the child would stay where he is or worse, land back in foster care for the duration of a long trial you'd likely lose.
So sorry this happened to you and your son. I wish I had better ideas, but the evidence, true or not, is not in your favor.
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Yes,
Your sister could be given guardianship of the child. This would not include the child's estate. A conservator (I think) would manage the estate until majority. Same person could do both I guess.
In the recent adoption of our baby, one of my bf's stipulations (in the open adoption contract) was we get guardianship should anything happen to both parents.
The fact that they are denying the other things they agreed to is an issue, but leaving that vent for another forum.
Maia
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Basically, in layman terms I've read this description:
Guardianship maintains the legal ties of the birthfamily vs. adoption which severs all rights/ ties of birthfamily.
So in a death situation, guardianship means you are the legal guardian. You can make major decisions, schools, medical authorizations, etc. You cannot change their name and stuff. They would not have the legal right to inherit from you (in case you died with no will).
You would not manage their properties/ assets from their parents will.
Maia
~ who spent the weekend reading every Family Law statute in Mississippi Code, case laws, summaries, etc. (this code is written in archaic legalese I swear)
Also read part of Cali law to help someone else.
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This is the closest I found for that state. I don't think that guardianship is comparable to custody, except in that a guardian has custody of a minor. Legally, the guardian has all the responsibilities of a parent. Difference between a parent and a guardian on paper is the parent retains those certain rights of name, succession, etc.
The statute I've listed is for court appointed guardians in abuse cases but it does explain what guardianship is/ does.
Good luck
[url]http://www.adoptionlawsite.org/docs/nc_chap7b_divi_stat.doc[/url]
ARTICLE 6. BASIC RIGHTS
N.C. Gen. Stat. 7B-600
ǧ 7B-600. Appointment of guardian
The guardian shall have the care, custody, and control of the juvenile or may arrange a suitable placement for the juvenile and may represent the juvenile in legal actions before any court. The guardian may consent to certain actions on the part of the juvenile in place of the parent including (i) marriage, (ii) enlisting in the armed forces, and (iii) enrollment in school. The guardian may also consent to any necessary remedial, psychological, medical, or surgical treatment for the juvenile. The authority of the guardian shall continue until the guardianship is terminated by court order, until the juvenile is emancipated pursuant to Article 35 of Subchapter IV of this Chapter, or until the juvenile reaches the age of majority.