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    xwest2's Avatar
    xwest2 Posts: 3, Reputation: 1
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    #1

    Oct 16, 2009, 07:44 PM
    My custody right after my sister received guardianship
    I need to know if I have any rights as a father for my daughter. My sister took guardianship of my daughter, I was having many problems back then (prison, drugs and relationships issues). Myex and I were having trouble and we were losing the place we had to live and asked my sister if she would watch my daughter until things normalized. Things ended up getting tougher and I made some wrong choices and ended up in prison. It is 5 years later and my life is better, my ex has had no contact with my daughter and I have seen her every summer and talk to her on the phone at least once a week. My parents are trying to get my daughter out here in North Carolina so she will have a steady background and my sister is putting up a fight because I am here. What are my choices and options? Do I still retain any legal rights or have I lost them to my sister. My daughter is acting out at my sisters and I believe that she is in a stressful environment. Any help or information that can be provided would greatly be appreciated. Also what are my parents rights as grandparents to have custody or guardianship of my daughter in North Carolina as my sister says here health has diminished because of the stress she endures with raising my daughter.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Oct 17, 2009, 08:44 AM

    As far as legal rights there is no way to tell without more information. If its just a guardianship issue then you still retain full rights. If it went to custody and you gave up your rights then that is entirely different. Do you know what you have signed as far as documents relating to your daughter ?
    xwest2's Avatar
    xwest2 Posts: 3, Reputation: 1
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    #3

    Oct 17, 2009, 09:21 AM
    It is just a guardianship it never went to custody. I never signed anything as far as giving up any rights to my daughter or guardianship. At the time with all my problems I just wanted her in a safe environment. My sister has done a great job with her. But now my sister is having health problems and relationship and family problems as well. My parents and I have discussed bringing her out here to live with us it is a better environment for her and will give her a chance to reconnect with me. I wish I had never chosen the path I went down, but I am ready to start a new one with my daughter.
    I have no resources to fight this in court. I just want what is best for my daughter. And at this point I think this is the way. Thank yo for any help that you can give or any opions that will help. An thank you for responding califdadof3, I will be indebted to you.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Oct 17, 2009, 09:25 AM

    Sounds like you may still have the ability to go to court and file to have rights restored, but you need an attorney
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Oct 17, 2009, 10:56 AM

    You need an Attorney - you say you never signed anything. Did the Court order the Guardianship to keep your child out of foster care?
    xwest2's Avatar
    xwest2 Posts: 3, Reputation: 1
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    #6

    Oct 17, 2009, 01:41 PM
    I am not sure like I said my sister decided that she would get guardianship for my daughter so she could get financial assistance and medical for her. I was never even served any paperwork from caqlifornia while I was in prison. I really can't afford the attorney I am trying to find organizations that will help me with this but I am not sure where to look for them. I f anyone can assist that would be great I am in Winston-Salem area of North Carolina
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