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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My rights were terminated as a mother,I live in san Joaquin

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My rights were terminated as a mother,I live in san Joaquin county, and 3 days ago I found out my son died, but 2 months ago.Do I have the right to know that he died or even go to the funeral. Or even know where h is buried. Or am I just completely screwed and don't get to know anything?
-Could you explain your situation a little more?
The laws regarding the termination of parental rights are fairly similar throughout the US.
Can you tell me how old your son was at the time of his death?
Were your rights terminated as a result of a legal adoption or just a custody case?
How long ago did this happen?
Customer: replied 4 years ago.

My son was 6 when he died of brain cancer, but I lost my rights do to being a drug addict. but I have cleaned up my act since then a complete 360. Now see I have 2 children, my sons last name was changed because he was just born, but my daughter was 7, so they didn't change her name. Yes it was a legal adoption. I completely lost my rights as a mother. When I gave birth , yes I was messed up on METH, my son was addicted to, my daughter was living with my DAD, who is a registered sex offender, I was to but couldn't deal with the B.S. so I left, but left knowing my daughter was safe with my step mom. C.P.S. placed both my daughter and I there under the circumstances that we went to child therapist every 3 weeks, when I was 14-18. Now C.P.S is saying that, that was a mistake placing us there and that it should have never happened. JACOB my son was born 11-28-06, and died 4-2-13. I just found out 3 days ago. What do I do.



Dear JACUSTOMER - Unfortunately, if there was a legal adoption, you would not be considered his mother and would have no rights to do anything. This is different than when a parent loses their rights to the other parent through a custody order and there is no adoption since the parent has the right to have their rights re-instated. In the case of an adoption there is a complete severance of the parental relationship and the child becomes the child of the new parents and the birth parents have no rights to do anything. So there is nothing you can do to anyone for not informing you of the death of the child since you would legally be considered as an unrelated person. As far as burial, you may be able to find the location of the grave through public records or from obituaries in the news media. You certainly can visit a cemetery if you can find the location of the grave but there is no legal action you can take against the adoptive parents for not notifying you or giving you any information.What I have told you would be the law in all states with respect to parental rights after an adoption.
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