Can you have a adoption and a guardainship at the same time? Is it possible?
I thought I had a open adoption. Then I found out it was closed. Then I found out someone still has guardianship is this possible?
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Replies to This Discussion
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Permalink Reply by Leisha on -
Wow. I don't really know your story or how long ago your placement was but it sounds interesting. As far as the adoption being open or closed are you saying that the agreement you thought was open is actually closed? I know for both of our adoptions the contact has changed over time from semi-open to open but we knew what the birth parents wanted from the beginning and went from there as far as what we were both comfortable with. If you have contact with your birth parents then it is considered open in some degree. As for the guardianship, I know that our agency had legal custody of the child until finalization (which was six months from the placement date) and we have physical custody. But as far as someone having guardianship you will have to expound on what you mean/who has guardianship? Is this something that should have been adjusted when writing up the papers and no one caught it or just sort of an interim thing? Just wondering since I'm not really sure what the situation is.
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Permalink Reply by Liz McCall on -
Well the adoption is more then 3 years old by now. For the first 2 years I saw her at least 4 times. Less after that. Now there is a open guardianship that is what started the adoption. But the courts still have it after at least 7 years. How can this be. I always thought there was fraud from the beginning. I had no leg to stand on because I was homeless and had made some bad choices. Now I have my own home and I am in college. I don't know what to do. I am going to school for paralegal. I am just confused.
Leisha said:Wow. I don't really know your story or how long ago your placement was but it sounds interesting. As far as the adoption being open or closed are you saying that the agreement you thought was open is actually closed? I know for both of our adoptions the contact has changed over time from semi-open to open but we knew what the birth parents wanted from the beginning and went from there as far as what we were both comfortable with. If you have contact with your birth parents then it is considered open in some degree. As for the guardianship, I know that our agency had legal custody of the child until finalization (which was six months from the placement date) and we have physical custody. But as far as someone having guardianship you will have to expound on what you mean/who has guardianship? Is this something that should have been adjusted when writing up the papers and no one caught it or just sort of an interim thing? Just wondering since I'm not really sure what the situation is.
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Permalink Reply by Barbara Giordano on -
Are you the birthparent? Where are you in the triad? It sounds like you might need to talk with a lawyer.
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Permalink Reply by Liz McCall on
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yes I am the birth parent.
Barbara Giordano said:Are you the birthparent? Where are you in the triad? It sounds like you might need to talk with a lawyer.
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Permalink Reply by Barbara Giordano on
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I think you would know from the start if you agreed to an open or closed adoption. Do you have contact with the parents? I think the adoptive parents are those who have guardianship? I'm tryhing to understand how this became confusing for you. Did you select the adoptive parents? How did it come about that you are not parenting your child? I think it's difficult to respond without further clarification.
Adoption is guardianship. My children whom me and my DH adopted are under our guardianship b/c we are the parents legally.
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Permalink Reply by Liz McCall on
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I made mistakes I asked my aunt for help and it turned into a friend of hers wanting my child. The first set of papers wasn't in front of a attorney. The second was in a notary. I can't remember everything. The friend of hers has had the child since 2001. It is now 2009 and my aunt still has guardianship/conserv. This is why I am confused. I have had a child since 2002. I have been doing good accept for one minor issue that was solved last year. I am in college and
have my own house. Also I never talked to a attorney throughout the whole thing. My sons grandmother thinks they did me wrong. Also they just did a review of the guardianship last year in October. I know you will ask no my aunt doesn't have her.
Barbara Giordano said:I think you would know from the start if you agreed to an open or closed adoption. Do you have contact with the parents? I think the adoptive parents are those who have guardianship? I'm tryhing to understand how this became confusing for you. Did you select the adoptive parents? How did it come about that you are not parenting your child? I think it's difficult to respond without further clarification.
Adoption is guardianship. My children whom me and my DH adopted are under our guardianship b/c we are the parents legally.
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Permalink Reply by Liz McCall on
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Also I wasn't happy about the adoption they were telling me I had no choice. So It was supposed to be open. I saw her 6 times since 2001. That stopped in 2005. I never said I have wanted her back I just would like to keep to there promises. Which were every second Sunday visits. They have sent pictures.
Liz McCall said:I made mistakes I asked my aunt for help and it turned into a friend of hers wanting my child. The first set of papers wasn't in front of a attorney. The second was in a notary. I can't remember everything. The friend of hers has had the child since 2001. It is now 2009 and my aunt still has guardianship/conserv. This is why I am confused. I have had a child since 2002. I have been doing good accept for one minor issue that was solved last year. I am in college and
have my own house. Also I never talked to a attorney throughout the whole thing. My sons grandmother thinks they did me wrong. Also they just did a review of the guardianship last year in October. I know you will ask no my aunt doesn't have her.
Barbara Giordano said:I think you would know from the start if you agreed to an open or closed adoption. Do you have contact with the parents? I think the adoptive parents are those who have guardianship? I'm tryhing to understand how this became confusing for you. Did you select the adoptive parents? How did it come about that you are not parenting your child? I think it's difficult to respond without further clarification.
Adoption is guardianship. My children whom me and my DH adopted are under our guardianship b/c we are the parents legally.
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Permalink Reply by Barbara Giordano on
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This sounds like a very difficult situation. Your aunt has guardianship but your child is being raised by a friend of your aunt? In what state does your child live in? Is it the same as yours? Your child was taken from you without your permission? So your child was removed by DSS - dept of social services in your county?
You might need to consult with an attorney about your situation.
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Permalink Reply by Liz McCall on
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The child wasn't removed by DSS. I live in Arizona. Yes my aunt has guardianship but the child isn't being raised by her. I asked my aunt for help. The state wasn't involved.
Barbara Giordano said:This sounds like a very difficult situation. Your aunt has guardianship but your child is being raised by a friend of your aunt? In what state does your child live in? Is it the same as yours? Your child was taken from you without your permission? So your child was removed by DSS - dept of social services in your county?
You might need to consult with an attorney about your situation.
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Permalink Reply by Barbara Giordano on
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What are the laws in your state regarding legal responsibility and child welfare? The person you describe, who has your child is a friend - not a relative. Does your aunt and friend live together? Who is legally responsible for your child? I don't see how the child can be given to a friend to be raised. I think there are legal ramifications that need to be considered. Do you know where the friend lives? Are you allowed to see your child? Do you get information like updated photos, letters, etc., about your child? Were your parental rights severed?
I think you need to find out about the laws in your state/county. You can start with the department of child welfare and social services. You can also contact a lawyer who works in family law. You can go to the county court to find out about lawyers in your area. Are you willing and able to provide for your child?
As to the original question you posted, seek out the county court system and the child welfare agency in your county or the county where your child was born and/or live in currently.
Liz McCall said:The child wasn't removed by DSS. I live in Arizona. Yes my aunt has guardianship but the child isn't being raised by her. I asked my aunt for help. The state wasn't involved.
Barbara Giordano said:This sounds like a very difficult situation. Your aunt has guardianship but your child is being raised by a friend of your aunt? In what state does your child live in? Is it the same as yours? Your child was taken from you without your permission? So your child was removed by DSS - dept of social services in your county?
You might need to consult with an attorney about your situation.
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Permalink Reply by Liz McCall on
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Well it is My aunt who has guardianship. It is a friend of hers that I thought there was a adoption though. The friend of my aunts isn't living with her I used to visit up in till 2005 I saw her only 6 times from 2001 to 2005. I dont know the laws. I signed notary piece of paper with out a lawyers advice. I don't know exactly where the friend of my aunts lives.
Barbara Giordano said:What are the laws in your state regarding legal responsibility and child welfare? The person you describe, who has your child is a friend - not a relative. Does your aunt and friend live together? Who is legally responsible for your child? I don't see how the child can be given to a friend to be raised. I think there are legal ramifications that need to be considered. Do you know where the friend lives? Are you allowed to see your child? Do you get information like updated photos, letters, etc., about your child? Were your parental rights severed?
I think you need to find out about the laws in your state/county. You can start with the department of child welfare and social services. You can also contact a lawyer who works in family law. You can go to the county court to find out about lawyers in your area. Are you willing and able to provide for your child?
As to the original question you posted, seek out the county court system and the child welfare agency in your county or the county where your child was born and/or live in currently.
Liz McCall said:The child wasn't removed by DSS. I live in Arizona. Yes my aunt has guardianship but the child isn't being raised by her. I asked my aunt for help. The state wasn't involved.
Barbara Giordano said:This sounds like a very difficult situation. Your aunt has guardianship but your child is being raised by a friend of your aunt? In what state does your child live in? Is it the same as yours? Your child was taken from you without your permission? So your child was removed by DSS - dept of social services in your county?
You might need to consult with an attorney about your situation.
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Permalink Reply by Barbara Giordano on
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Although I do not know the laws in Arizona, it's my educated guess that someone needs to be legally responsible for the child. If your child is in your aunts care, she would need to legally adopt or proclaimed guardian of your child. At this point, it might be in your best interest to contact a lawyer to determine your rights. In addition, you might want to see, for sure, who is legally responsible for the welfare of your child. See, if perhaps, you can get a consultation with a family lawyer if this is something you feel you must do.
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