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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118159
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I would like to know what to do i had to go to jail and

Customer Question

hi i would like to know what to do
i had to go to jail and when i got out everything
was changed
i lived in California with my 12 year old son
His dad died and we were receiving social security
survivor benefits .
i have physical custody an soul of my son
i was the payee for my sons money
my son went to stay at my sisters in Colorado
he started school an is currently there
when i was released from jail
i went to my sisters an found that she had changed
my sons benefits to her
she had a notary stating she is the guardian
of my son and forged my signature to the document
this enabled her to become the payee
i went to my sons school an was not able to remove
the forged document
they advised i need a document that stated Im the guardian and she isn't
of course my sister wont change it
because her only source of income is my sons money
besides that she is throwing away my money the i would have been receiving
my benefits cant be reinstated as long as she remains guardian
i dont have any where to live an she wont let me be there
can u tell what i can do
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year 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.
If she has the child with her in her care, then legally she could be entitled to that money to help her care and support the child. However, if she falsified the document to obtain benefits, this is forgery and it is also fraud upon the court and it is grounds for you to file a complaint to the District Attorney's Office AND THE US Attorney's Office as well, since you have SS fraud as well as perjury, forgery and fraud in filing the court documents.
In addition to the DA and US Attorney, you would have to file a motion to terminate guardianship in the court where she filed the false guardianship documents and you would need to get the court to vacate that guardianship so you can then get your rights back to make decisions for your child and get your child back as well.