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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My family member had a baby when was 19 at the time she and

Customer Question

My family member had a baby when was 19 at the time she and the baby's father was on drugs so much that the baby was born with an addiction ... This person (being the grandmother) convinced them to terminate their parental right to her promising she will reverse it when they are both clean. They both signed even though they were both under the influence at the time. Child is now 6 years old and the they have been clean for over 5 years - and has been pleading with her to sign the rights back to them. She has been refusing repeatedly
1) the new legal guardian has been in and out of the hospital for at least 4 years leaving the baby under the care of her biological parent or at times with a 13 year old (he is now 18)
2) legal Guardian is currently under psychotic medication and sleeps a good part of the day leaving the child with biological parents to care for
3) just today she was found sleeping in the neighbors house at 4pm - neighbor is known to be on heroin, and awaiting a sentence - 6 year old was unattended
4) daughter approach her and she became violent - and hit the father in the face
5) keep in in that the biological mother stays with the child most of the time but has no control over the adoptive parents behavior
6) Adoptive parent currently does not work, depended on public aid since she has been diagnosed for Lupus, kidney disease , hip replacements ... List goes on and on
Can the biological parent do anything to save her child based on the above information and not to mention the fact that she handed her child over through manipulation and deceit. She is very concerned over the safety of the child
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard Please clarify for me1 - The Grandmother no longer has custody - you mention a "new guardian"? Who is that?2 - How did that occur?3 - Are these court ordered guardianship or are they done via a Letter or Agreement that was then notarized?
Customer: replied 2 years ago.
Yes she is under the grandmother's custody.
Customer: replied 2 years ago.
Court ordered
Customer: replied 2 years ago.
I am the biological mom my aunt helped me write to you to get answers,in just distraught. My mother is legal guardian but I take care of her I also have a two year old I am a stay at home mom. We at the time signed over parental rights not filter knowing details.
Expert:  Samuel II replied 2 years ago.
Thank youIf it is by court order, then the Mother can file with the court that issued the Guardianship. She will file a Motion to Terminate the Guardianship. She can check with the clerk of the court for the forms to file. If the court does not have the forms, then she will need a local attorney to help her draft the Motion to Terminate the Guardianship.The process is covered under the Florida Statutes at this LINK particularly section 744.474 Reasons for removal of guardian.
Customer: replied 2 years ago.
I think tour misunderstanding me, she is the legal adoptive parent of the child.
Customer: replied 2 years ago.
She adopted my child
Expert:  Samuel II replied 2 years ago.
HelloThank you. I see. If there is a legal adoption, you will need to consider consulting with a local attorney to have the matter fully evaluated. If you terminated your rights via an adoption and now want to re consider. But I am not fully versed in Florida Adoption laws. So I will opt out - now that I know you are referring to a legal adoption so another professional can assist you. Please DO NOT rate my information and your deposit will stay in tact.I appreciate your patience. And I apologize for any inconvenience.
Customer: replied 2 years ago.
OK Thank you
Customer: replied 2 years ago.
I will consult with a lawyer in Florida, thanks for your time.