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socrateaser
socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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Is it legal for a person who has signed there rights away to

Resolved Question:

Is it legal for a person who has signed there rights away to a child to have that child listed as a grandchild in there father's obituary? Child has been adopted by other man and bilogical grandfather has not seen child or been apart of this childs life in 10yrs!
Submitted: 3 years ago.
Category: Legal
Expert:  socrateaser replied 3 years ago.
If the publication were damaging to the legal family's reputation, they could sue the other family for defamation of character and for emotional damages.

Frankly, I doubt that this would be a winnable case -- but, legally it's possible to sue.

Hope this helps and happy holidays.

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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 32974
Experience: Retired (mostly)
socrateaser and 15 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
This child has not been apart of this family in 10yrs my husband apoted her the same day he signed his rights away! For them to even list her as a grandchild in the obituary has been very emotional for me and my family! In the state of south carolina is there any law stating that a person who has signed there rights away can legally use that childs name in an obituary?
Expert:  socrateaser replied 3 years ago.
There is no such law. A person has a 1st Amendment right to free expression/speech. The only thing that's prohibited is publishing false statements that injure another's reputation. That is defamation, which as I've explained, is actionable in court -- but, it would be a tough case to win.

If you really want to pursue it, then for a civil tort attorney referral, see this link.

Best of luck.
Customer: replied 3 years ago.
Thanks!

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