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Home > Law > Family Law   »   next of kin

 
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Old Sep 4, 2007, 08:40 AM
jaramillo27
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next of kin

i have a question i am a young mother who went thru a hard time the last two years. My so called grandmother has been taking care of my son for me because my parents weren't able too. so for the last two years she has had him, well i am doing good now i got my stuff together got married and i want my son back as soon as i said that she told me that if i dont sign the next of kin guardianship that is going to get me for child guardianship i never abandon him,i just needed help well that scared me i have two other kids.so basically i signed because she forced me too and being young and stupid i did without looking into the facts well now shes not letting me see him only once a month and i want him back. The father of my son was not involed and name is not on the birth certificate because of questions of him being the father he wants to take a dna test i am sure that he is. If so will he be able to fight and get custody for my son or do i have a chance is she really able to keep me away and can this be how can i get him back?

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Old Sep 4, 2007, 08:47 AM   #2  
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Its not clear what you signed. Its also not clear whether any of this was formalized by the courts.

If your grandmother was taking care of your son without a court awarding her formal guardianship, then all you need to do is show up pack up your son and take him home. Bring a copy of his birth certificate in case she calls the police on you. As long as you prove he's your son and there are no court or DCF orders placing him with someone else, then you should be able to take him. If she produces this document you signed, tell the police that it was signed under duress and not approved by a court.

However, if there are court orders granting her guardianship, then you will need to petition in Family Court to regain custody.
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