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    dbaker6196's Avatar
    dbaker6196 Posts: 1, Reputation: 1
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    #1

    Sep 23, 2011, 02:27 PM
    How do we protect children we have been raising for years from their ex-con parent(s)
    We have legal guardianship of two beautiful little girls, they have been with us for 2.5 years and 1.5 years.

    They are biological sisters and also related to my husband. They do not know either of their biological parents. We are the only mommy and daddy that they know. Both of the girls' parents were in a Georgia prison up until four months ago when the mother got out.

    Because we believed that "family helped family", we are now screwed. We didn't get our Department of Family and Children Services involved, so now if she can keep herself straight, we have no choice but to give them back, by Georgia law.

    We just learned that she is having an affair while her husband is still in prison. Can he sign his parental rights over to us? If he can we have a more level palying field and just have to prove she has been in the past and still is an unfit mother.

    And, our juvinelle court judge that we went before in August has already told us we had proved she was an unfit parent, but we could prove that she signed the temporary guardianship papers just to get around DFACS involvement. The father was on board until we discovered the affair. Now he is afraid that she is going to divorce him and disappear with the kids.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Sep 23, 2011, 04:04 PM
    You need an attorney to help you keep the girls.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Sep 23, 2011, 04:25 PM
    I doubt if a court would allow him sot sign over his rights, but he could support your continued guardianship.

    I'm somewhat confused though. If you have legal guardianship then I don't see what DFACS has to do with it. A court order trumps them. Until the guardianship is rescinded you have control over the children. DFACS cannot give them back to either parent without a court order.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Sep 23, 2011, 07:44 PM
    When you say guardianship, that is from family court correct ? Then only family court can take that away.

    In Georgia I have seen children and family services, lie to parents, try to scare them by even bringing police to your door ( that can't enter without a warrant if you don't let them)

    So you need an attorney at this point to help protect your rights.

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