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My husband and I adopted our sons daughter in 1995,she is now 8yrs old,we want to make a will and make sure her bio mom dont get her after we are gone and also my son is not finacially fit to care for her in the case of our death,we have younger friends that we have known for 30 yrs and they are financially well and would give her a good education as we would have,but I am afraid since I just heard that if her bio mom found out we passed away she could petition the court for custody of her,she didn't want her when she had her and hasn't seen her in 5 yrs.even though we said she could be a part of her life.We want to make sure she is well taken care of but we are afraid of what will happen,we live in florida if anyone has any information on this please let me know,thank you.
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HI! MY NAME IS RACHEL AND LET ME BEGIN BY SAYING WHAT YOU HAVE DONE ALREADY FOR YOUR GRANDCHILD IS WONDERFUL! I'M SORRY ABOUT YOUR OWN CHILD NOT BEING PART OF YOUR GRANDCHILDS LIFE, HOW TRUELY SAD. BUT THINGS HAPPEN AND SOUNDS LIKE YOUR OWN CHILD MAY BE SUFFERING FROM SOME SORT OF DEPRESSION, DENIAL, SOMETHING LIKE THAT ANYWAY.
HERE IS MY SUGGESTION TO YOU: FIND WHO YOU WOULD LIKE TO TAKE CUSTODY OF YOUR GRANDCHILD IF, GOD FORBID, YOU BOTH SHOULD PASS, AND NAME THEM AS YOUR GRANDCHILD'S GODPARENTS.
OBVIOUSLY, NAME THEM TO GET SOLE CUSTODY OF THE CHILD IN YOUR WILLS.
TALK TO A LAWYER, IF YOU CAN AFFORD ONE. IF NOT, MAYBE YOUR CHURCH CAN HELP YOU FIND OUT THE ANSWERS TO THE QUESTIONS YOU HAVE.
GOOD LUCK AND GOD BLESS YOU BOTH FOR BEING SUCH WONDERFUL PEOPLE.
WRITE BACK IF YOU'D LIKE, I'LL BE AROUND TONIGHT OR TOMORROW OR IF YOU'D LIKE TO WRITE ME AT MY EMAIL ADDRESS, THAT IS <poopieathome@hotmail.com>
~RACHEL:)
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I'm not a lawyer, but I'm pretty sure that the bio mom cannot petition the court, her parental rights have been severed and in the eye of the law she is not considered the legal parent, however she could petition to become a foster parent and then possibly be considered to become the adoptive parent, I would contact a lawyer and ask that your friends be leagal gaurdians should something happen to the two of you.
Lewey
Hi Rachel,first I want to say the Bio mom is not my daughter thank god but the father is,he is married and has 3 other children now and I know he would want her but I dont think he could financially make ends meet with 4 children,He is very much apart of her life though and she knows who he is and is fine with it,she loves him but she also knows we are mommy and daddy she sometimes asks me can he ever take me back and we say why ans she tells us she never wants to leave us so we make sure she knows she never will be taken from us unless we go to heaven and even then we told her we will be with her always,so this makes her fell better,she always worries about her bio mother,she met her a few times that she did come to see her but she dont like her she says.Thanks so much for your reply and if you can please let me know how to get legal advice on here since I am new and haven't a clue.
Thank you,
Karen
To Lewey,I was told in florida the Biological mother could petition the court for custody and this is what we want to make sure dont happen in case of our death,thank you also for you response.
HI KAREN! SORRY ABOUT THE MIX UP ABOUT THE MOM AND YOUR SON! AS FAR AS ASKING THE EXPERTS ON THIS SITE, JUST KIND OF POKE AROUND. IF YOU GO TO THE HOME PAGE AND CLICK ON THE COMMUNITY CENTER I THINK IT SAYS THERE WHICH ONES HAVE EXPERTS. IF IT'S NOT THERE, TRY GOING BACK TO THE HOME PAGE AND CLICK ON DIFFERENT ONES UNTIL YOU FIND THEM. IF YOU STILL AREN'T ABLE TO, LET ME KNOW, I'LL LOOK INTO IT FOR YOU! WHAT ABOUT YOUR SON, WOULDN'T HE WANT TO TAKE CUSTODY IF...? AND WHAT DID YOU THINK ABOUT THE GODPARENT SUGGESTION? TALK TO YOU SOON~RACHEL :)