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#1
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Legal Guardian of a minorWhat is the name of your state? Ohio I have recently found out through DNA test that I am the father of a 13 year old. The child was adopted 8 years ago by her maternal grandparents. One of the adopted parents has since died and the remaining parent has given legal guardianship to a relative. The child now wants to live with me in Georgia. How do I get legal guardianship of the minor who resides in Ohio? Who is now financially responsible for the child, the adopted parent or the legal guardian? Who will recieve the child's social security from the deceased parent? Desparately in need of some help. |
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#2
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| You would have to petition for guardianship, I believe. Unless the adoption was illegal, in which case you could reclaim your paternity. As far as social security is concerned, the person who is taking care of the child (legal guardian) gets the money. If you become the guardian, then you should get it. But, if you declare the adoption illegal, then you are denying the adoptive parents were the "parents" and it would seem the child would no longer get the benefits. How did the adoption occur without you knowing about it? |
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#3
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Legal guardianship of a minorThank you for the reply. The adopted parents never contacted me and told the lawyer they did not know the father. This was a lie. They have always claimed I was the father. The adoption was done without the mother's consent also. They listed the child as abandoned by the mother and after a length of time passed they were granted the adoption. A few years later I received a tax lien for back child support to the welfare system in Ohio. When I obtained a lawyer I then found out I was "Defaulted" as the father because I never showed up for a court hearing on paternity. I have taken 2 state administered paternity test and neither was ever completed by the state. I assumed I was not the father since I was never contacted. To make a long story short, This is when I found out about the adoption and the defaulted judgement. I could not afford to contest the adoption and the child was happy so I let matters be. Now the child has contacted me to take the test and I obliged. I do not want to overturn the adoption I just want to give her a better life then she now has. Her mother is a drug addict living on the street and the child is being shuffled from place to place. When I petition for Legal Guardianship do I have to appear before a judge? Who has to sign for the child , the person that has legal guardianship now or the actual adopted parent? |
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#4
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| The legal guardian cannot sign over guardianship to someone else, but the adoptive parent could. Yes, you would have to go before the judge. Are all the parties willing to let the child come live with you? If so, it's really a matter of an attorney drawing up the guardianship papers. If not, you would likely not be able to gain custody. Our situation is not quite as complicated, but somewhat similar. What I've found is parental rights prevail over other family members and friends in nearly all cases. In your case, the adoptive parent can exercise those rights. If you can prove you were not properly notified of the adoption and that you are the biological parent, perhaps that is your chance. |
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