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faye lee
faye lee, Lawyer
Category: Family Law
Satisfied Customers: 1528
Experience:  JD Degree and Masters of Law and have over 20 years experience.
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what rights do I have as the birth mother of a child who is ...

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what rights do I have as the birth mother of a child who is in a special guardianship situation?
Submitted: 8 years ago.
Category: Family Law
Expert:  faye lee replied 8 years ago.
Can you share a little more of the situation.. How was this relationship setup? thanks
Customer: replied 8 years ago.
Reply to faye lee's Post: The filers were my step mother and birth father. In the document it has many false statements about me and the well being of my parenting. The secretary for the judge keeps saying to get an attorney, and that she can not tell us anything about the case.

I am needing to know what my rights are as his mother and needing to know what to do at this point to get him back.
Customer: replied 8 years ago.
I also have a little girl that is a 1 1/2 years old that I have been sucessfully taking care of without their help. She is a healthy and happy little girl. She in no way was connected in this case. Is this not a sign??? If I can take care of her and have her, whats the problem with taking care of my son?
Customer: replied 8 years ago.
Are you still there? We have paid the amount that was asked so can we please have an answer.
Expert:  faye lee replied 8 years ago.

margie , thank you for waiting, it is difficult to setforth your rights with the little information I have about the situation. to make a determination. But recognize it is in your favor to retain custody of your child.

I do not know the circumstances which caused your child to have a special guardianship, However, when reviewing a guardianship determination the court requires proof of clean and convincing evidence. Recognize the issue before the court in a guardianship determination is not the fault of the national mother but rather it is whether the important and strong persumption in favor of the natural mother is clearly convincingly to overcome by evidence proving the child's best interest. The court will always look to the best interest of the child..

If you have gone through all the case plan requirements that would assist you with unification with your child then this would support your case. Also the fact that you are parenting one other child now should be looked at as well. You really need an attorney to help you with the process

However you can claim the evidence is insufficient to support the court's findings, the question would be did the Child Protective Services substantiate neglect on the your part, if so what have you done to rehab yourself. I hope this has helped if so click accept and you take care of yourelf.

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