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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118286
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My mom adopted my goddaughter. I signed off on the adoption

Customer Question

My mom adopted my goddaughter. I signed off on the adoption paperwork as a back up if anything happens to my mom. My mom passed away a fews weeks ago. I went to court to seek guardianship of my goddaughter and the judge did not give it me. He didn't look up the adoption information, he didn't seek to find out who was the prior attorney that assisted my mom in completing the adoption. nothing.
Instead he ordered a new home study. My goddaughter is still living in the same home that was cleared. I just moved in. He ordered new finger prints, however my sister who always lived in the same home and is a NYC certified school teacher, her prints are on file. I'm a child protection specialist worker and my prints are on file. He never listened to that. He ordered an attorney for my goddaughter. I'm looking at him like why is he in total disbelief.
My Godchild has been crying and asking why is she being hurt from this judge.
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Even if there are adoption documents stating you would become legal guardian of the minor in the event of your mother's death, which should be ultimately honored by the court, the court does have a duty to make sure that the child will not be placed in any danger by doing so. It was also your duty to present the adoption paperwork to the court, not up to the judge to look up that paperwork, and you had to present an official stamped court order of adoption naming you as guardian in event of your mother's death to the court. IF the judge continues to deny guardianship once the home study is completed and you present the original records to the court in support of your guardianship, then you have legal basis to appeal the judge's denial of your guardianship. As a child protection specialist, you are aware of the duty of the court to validate any child guardianship and that they do have legal steps to go through to insure the child is protected with the guardianship as well.

Customer: replied 2 years ago.
I am always prepared in court. I'm not new to family court 15 years working in this system. I brought every single document down to my mother's death certificate. I have an attorney and he was just as shock to aggressive mannerisms of the judge.
We already have a strategic plan. Thank you for your assistance.
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your reply.

You did not mention what you presented in court, only that the court did not go to look up the records, which is not part of what the court's responsibility is. The court is responsible to review proper and authentic records. If they did not do so, then the court has committed reversible error.

If he did not consider the proper documents, then your next step here is the appeals process if he issues a final order contrary to your interests.