birhtmothers rights: are there any

[ky mom]

What is the name of your state?kentucky**************..do birthmothers have any rights to their children that they let grandparents adopt? here is my story...i have a seven year old son....and when he was almost three i allowed his bio-fathers parents adopt him for financial reasons....the agreement was that they would adopt him so that he would draw off of his grandfather's insurance and check...i would still get to raise him once the adoption was final....my husband at the time began to steal the money given to me to raise him and i allowed them to take him....in agreement that if something happened to the both of them (death) i would get my son back....his grandfather passed away in 2002 and his grandmother is very ill with cancer and not sure how long she has to live....in her will she has stated that she wants her sister and her husband to raise my son.....i feel they are both unfit to do so....he is an alcoholic and she abuses prescription drugs....the agreement was not written but a verbal....is there not statue of limitations for birthmothers? someone please help me before i lose him forever...he knows that i am his mom and he knows that he has two sisters and a brother
we get to talk to him on the phone and she will let us come get him from time to time but not for an overnight stay....just for a few hours.....

[BelizeBreeze]

Was this "Adoption" through the court and were your parental rights terminated as a result?

[stealth2]

Dupe post. [url]http://forum.freeadvice.com/showthread.php?t=223134[/url]

[ky mom]

Originally Posted by BelizeBreeze

Was this "Adoption" through the court and were your parental rights terminated as a result?

yes the adoption was through the courts here in ky....as far as i know my parental rights were terminated....i chose to do this because i thought that it would be the best thing for my son...don't misunderstand....i am not trying to take my son from his adoptive mother(as long as she is alive) but when the time comes that she passes i do want my son back...the only reason i agreed to let them adopt him was so that he would have medical insurance and they could draw a social security check on him....if i do not have any rights or cannot get my rights restored can my parents, being his paternal grandparents sue for rights to him....i chose to let my son be adopted with a verbal agreement that he would come back to me when something happened to the both of them....i cannot stand the thoughts of losing him forever.....and this is what would happen if her (adoptive mother) sister and her husband get him.
please help me

Q: do birthmothers have any rights to their children that they let grandparents adopt?
A: as far as i know my parental rights were terminated

[VeronicaGia]

You are now a legal stranger to the child with no more rights to the child than I have. You say yourself that your parental rights were terminated, and terminated means what it says.

Once cannot "will" a child, since a child is not property.

[ky mom]

Originally Posted by VeronicaGia

You are now a legal stranger to the child with no more rights to the child than I have. You say yourself that your parental rights were terminated, and terminated means what it says.

Once cannot "will" a child, since a child is not property.

ok we have established that i have no rights to my son...and we have established that he cannot be "willed" to anyone because he is a child and not someones property...what can i do now to prevent his aunt and uncle from getting him once his adoptive mother passes?

Q: what can i do now to prevent his aunt and uncle from getting him once his adoptive mother passes?
A: When that happens, file for guardianship.

[ky mom]

[quote=seniorjudge]Q: what can i do now to prevent his aunt and uncle from getting him once his adoptive mother passes?
A: When that happens, file for guardianship.[/QUOTe
can i do that although i have given up my rights? another question....if you don't mind answering it for me....would it be easier for my parents....the paternal grandparents to sue for their grandparents rights to my son? if so, could they get my son once the adoptive mother passes away? i am just about sure that the aunt and uncle will fight me for guardianship....i am just trying to find out all the legal ways to get my son back....so any information that you can give me would be greatly appreciated....my parents are willing to sue for their grandparents rights to keep from losing him...the question is would they have a better chance of getting my son than i would?
thanks

[quote=ky mom]

Originally Posted by seniorjudge

Q: what can i do now to prevent his aunt and uncle from getting him once his adoptive mother passes?
A: When that happens, file for guardianship.[/QUOTe
can i do that although i have given up my rights? another question....if you don't mind answering it for me....would it be easier for my parents....the paternal grandparents to sue for their grandparents rights to my son? if so, could they get my son once the adoptive mother passes away? i am just about sure that the aunt and uncle will fight me for guardianship....i am just trying to find out all the legal ways to get my son back....so any information that you can give me would be greatly appreciated....my parents are willing to sue for their grandparents rights to keep from losing him...the question is would they have a better chance of getting my son than i would?
thanks

There's no way I or anyone else can tell you what your chances are.

Try everything.

You throw enough mud at a wall, some of it is bound to stick.

[ky mom]

Originally Posted by seniorjudge

There's no way I or anyone else can tell you what your chances are.

Try everything.

You throw enough mud at a wall, some of it is bound to stick.

i am sorry to keep bothering you....but at this point in time you are the only one that has given me any advice that makes sense....i was told to file some type of petition asking that custody of my son come back to me or to my parents in the event of his adoptive mothers death....have any idea what this means? if so could you please take the time to explain it to me? another question, again "childeren can not be willed, they are not property", in the event of the adoptive mother's death, would my son be placed with the next blood relatives or would he be placed with the next adoptive relatives?

Q: i am sorry to keep bothering you....but at this point in time you are the only one that has given me any advice that makes sense....
A: You are not bothering me. I have no life outside this forum.

Q: i was told to file some type of petition asking that custody of my son come back to me or to my parents in the event of his adoptive mothers death....have any idea what this means?
A: You would go into court and ask for guardianship of the child.

Q: if so could you please take the time to explain it to me?
A: The court would order home studies and such to see if you were a fit person to give guardianship to this child. If so, you could stand a chance; if the studies showed you were not a fit person, then would not be its guardian.

Q: another question, again "childeren can not be willed, they are not property", in the event of the adoptive mother's death, would my son be placed with the next blood relatives or would he be placed with the next adoptive relatives?
A: Again, this would be decided by a court in a guardianship hearing.


Let me emphasize that I have given you very simplified and general answers. You MUST get a lawyer in your state who is familiar with juvenile law and guardianship law.