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aaliyah9 · Jul 24, 2008, 06:37 PM

If the parents signed over their parental rights in GA does it hold up in a court of law in FL?

JudyKayTee · Jul 24, 2008, 06:41 PM

Originally Posted by aaliyah9

If the parents signed over their parental rights in GA does it hold up in a court of law in FL?

Did they relinquish their rights, such as in an adoption, sign to allow a guardian?

What rights did they sign over and why?

And, yes, it is reciprocal in most States if done properly in the State of residence, the State where the children are located. You could not, for example, go to Georgia and sign over rights to a child living in Tennessee.

aaliyah9 · Jul 24, 2008, 07:02 PM

Yes,They signed over parental rights for guardianship to the child's Grandmother and step Grandfather.Now 8 years later she wants her back because were grandmother and step granfather are going through a divorce and the grandmother is a pill popper and is losing in court.We were living in GA at the time,the mother wanted to come back to FL with her friends and didn't want a baby let alone a mixed one.She was 16 when she had her and 17 when she signed her papers over to us (10/1999).We all have since moved back to FL and also moved our paperwork 5 years ago.

Fr_Chuck · Jul 24, 2008, 07:50 PM

Were the papers taken and signed off by a judge, who wrote the papers up ?

aaliyah9 · Jul 25, 2008, 04:26 AM

Yes, a judge signed and drew up the papers while we were living in GA.He also counseled her.We started the preceding in oct 1999 and was finished in dec 1999.So this was not a quick ordeal.When this all took place the birth mother said I okay with this because I want to go back to FL and I can't handle Aaliyah and go to school.I said I'll raise her but as long as it's permanent,I don't want her to come back in a year and take off with her.She didn't she waited 8 years.

Fr_Chuck · Jul 25, 2008, 04:55 AM

While of course any custody agreement can be challenged, the other states will reconsie it, but even if they are in GA, if the other party wants to challenge it, they may take you back to court.

aaliyah9 · Jul 25, 2008, 06:30 AM

I'm not sure what reconsie means. Okay my lawyer now is not a family lawyer and up until the birth mother got a lawyer he kept telling me I was on top and just yesterday he told me there was no chance in --- and it was over.So we just roll over and pay dead.This is my daughter were talking about.She's 9. I have had her for 9 years and she decides she wants her back now.She's halfway grown.Plus read this carefully on June 2 2008 when we were at our hearing that they had to postpone because the mother decided she wanted to dismiss guardianship the JUDGE told her that if she signed over her rights then she was out of the picture and there was nothing he could do for her.She did so why has that changed now?I'm so confused.My lawyer said there's a loop hole but what kind of loop hole could there be?Thank you for helping me.

divadev · Jul 25, 2008, 06:43 AM

The loop hole is the birthmother's age when she signed over the child. In most states, a 17 year old can not enter into a legally binding contract. But 8 years is a long time to wait to try and reclaim your child. The standard in most states is "the best interests of the child" but most have a presumption that the natural parent is best for the child. You may have to relitigate your custody, but I think you have a very good chance of winning.

aaliyah9 · Jul 25, 2008, 06:58 AM

Thank you.So now I wonder if the thing to do is to fire my attorney and get one that specializes in family law.

JudyKayTee · Jul 25, 2008, 07:34 AM

Originally Posted by aaliyah9

thank U.So now I wonder if the thing to do is to fire my attorney and get one that specializes in family law.

Yes, yes, yes.

ScottGem · Jul 25, 2008, 07:36 AM

Yes, you need one versed in Family Law.

Guardianship and adoption are different things. A Guardianship is not usually permanent. An adoption would be.

divadev · Jul 25, 2008, 08:42 AM

Since it sounds as though you have known your lawyer for awhile, I would certainly ask him to sit down and explain EVERYTHING to you. If you fire him right now, you will lose his knowledge of the history of the case AND there is no guarantee that the judge will give a new lawyer time to get up to speed on the facts. After you speak to your attorney, ask him if he thinks you should get a family law specialist. If he says no, then I would check with your local bar association to see if they have a lawyer referral service and get a lost cost consultation with an attorney who specializes in family law. Then compare what has been said to you. Only then should you make the decision.

aaliyah9 · Jul 25, 2008, 08:56 AM

See I'm not sure there's enough time to make a slow move.I just found out about this new lawyer from the birth mother yesterday even though the judge told her on June 2 2008 to get one,and my wife now still doesn't have one and she was served divorce papers on Dec 14 2007.So she evidently doesn't care.We have a remediation Wed 7-30-2008,a hearing on 8-11-2008 to see how long the final hearing is going to be,and a final hearing on 8-18-2008,then we go back on 8-20-2008 for the dissmisal of guardianship and to restore the mothers rights.They sent me a letter and it states I have 30 days to rebuke this claim,so Should I rebuke and send a copy of the relinshment of parental rights because I'm not sure this judge in FL has that.

JudyKayTee · Jul 25, 2008, 10:20 AM

Originally Posted by divadev

Since it sounds as though you have known your lawyer for awhile, I would certainly ask him to sit down and explain EVERYTHING to you. If you fire him right now, you will lose his knowledge of the history of the case AND there is no guarantee that the judge will give a new lawyer time to get up to speed on the facts. After you speak to your attorney, ask him if he thinks you should get a family law specialist. If he says no, then I would check with your local bar association to see if they have a lawyer referral service and get a lost cost consultation with an attorney who specializes in family law. Then compare what has been said to you. Only then should you make the decision.

Actually this is not correct - any Attorney who has been paid HAS to turn his notes/files/etc. over to the "replacement." The Attorney who is discharged - not fired - does not get to sit in a corner and pout.

And I think - depending on whatever else is going on - asking for an extension to bring a new Attorney up to speed (if he/she even has to be brought up to speed) is not unreasonable.

If you are unhappy with your legal counsel you do yourself a disservice by not looking into another Attorney better suited to work with you. It's not about right and wrong - it's about specialties, experience, the ability to work with and for YOU.

JudyKayTee · Jul 25, 2008, 10:23 AM

Originally Posted by divadev

The loop hole is the birthmother's age when she signed over the child. In most states, a 17 year old can not enter into a legally binding contract. But 8 years is a long time to wait to try and reclaim your child. The standard in most states is "the best interests of the child" but most have a presumption that the natural parent is best for the child. You may have to relitigate your custody, but I think you have a very good chance of winning.

This is not true in family court - mothers who have not reached majority sign adoption papers, guardianship papers all the time.

This is not a contract matter.

aaliyah9 · Jul 25, 2008, 01:17 PM

Thank you for all your help.I'm going to another lawyer on Monday.

JudyKayTee · Jul 25, 2008, 03:07 PM

Originally Posted by aaliyah9

Thank you for all your help.I'm going to another lawyer on Monday.

Excellent - and make sure it's someone who takes the time to listen to you, knows the law, someone you have faith in, can talk to, can work with. You sort of get one bite of the apple so make it a good one!

aaliyah9 · Jul 25, 2008, 06:21 PM

Okay now we have a new dilema.The grandmother let me have my daughter for the weekend.When we had our last mediation I got full cstody with her having visitation rights every other weekend.She went to her house for the weekend visit and she kept her.I couldn't get my lawyer to file an emergency hearing.My lawyer just filed for a final hearing and the sheriffs office said I could wipe my HINEY with the mediation paper without the judge signing it.Would it mess up anything if I kept her for a few days until I can get to the lawyers office on Monday,I still have guardianship over her with my wife 50/50, at least until the final hearing in August.Because the birth mother hasno rights as of now because the judge hasn't said.I really have only had 2 weekends with her since Feb 2008.I miss her.