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grandparents rights

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K

ky mom

Junior Member
What is the name of your state? i am a mom from ky and i have run into some serious problems that i am not sure what my rights are the the rights of my parents...i have a seven year old son...his bio-father wanted nothing to do with him...went to such extremes as to have someone else take the paternity test for him so that he would not be named as the baby's father...when my son was almost three i let his father's parents adopt him...in agreement that i would still raise my son...do to other reasons i chose to let them raise him....his grandfather agreed that he would not cut me out of my son's life..and that if anything should happen to either him or his wife i would get my son back....well he passed away three years ago and now she is trying to cut me out of my son's life...she is very ill with cancer and not sure how long she will live....but she has willed my son to her sister and her husband...both i feel to be unfit to raise him....he is an alcoholic and she abuses prescription pills....my parents want to try and get their grandparents rights in order to stop this transaction....can someone please help me before i lose my son forever......
 
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LdiJ

LdiJ

Senior Member
ky mom said:
What is the name of your state? i am a mom from ky and i have run into some serious problems that i am not sure what my rights are the the rights of my parents...i have a seven year old son...his bio-father wanted nothing to do with him...went to such extremes as to have someone else take the paternity test for him so that he would not be named as the baby's father...when my son was almost three i let his father's parents adopt him...in agreement that i would still raise my son...do to other reasons i chose to let them raise him....his grandfather agreed that he would not cut me out of my son's life..and that if anything should happen to either him or his wife i would get my son back....well he passed away three years ago and now she is trying to cut me out of my son's life...she is very ill with cancer and not sure how long she will live....but she has willed my son to her sister and her husband...both i feel to be unfit to raise him....he is an alcoholic and she abuses prescription pills....my parents want to try and get their grandparents rights in order to stop this transaction....can someone please help me before i lose my son forever......
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When you allowed your son to be adopted you legally made yourself a stranger to the child. Therefore YOU don't have any rights at all. Its certainly possible for your parents to get grandparent visitation rights (I believe that in KY their standing to sue survives adoption by a family member) however its something that they probably need to jump on pretty quickly under the circumstances.

Its not possible to "will" a child to another party, however a will does give voice to a legal parent's wishes. In the end, its a judge who will decide who gets custody.
 
stealth2

stealth2

Under the Radar Member
You and your parents should consider speaking with an attorney, but you have no more rights to the child than I do.
 
K

ky mom

Junior Member
thank you for your replies....yes i know that i gave my rights up when i allowed his father's parents to adopt him....but that does not change the fact that i am his birthmother and he does know me as such....i still talk to him on the phone and i do get to see him....had i not had him for almost three years i think things would have been different....the ties that bind cannot be broken....he knows he has two sisters and a brother....and honestly i feel that i should still have some rights when it comes to him...after they both have passed away....i went through with the adoption because i thought it was the best thing i could do for him at the time....is there not some type of statue of limitations when it comes to birthmothers?
 
LdiJ

LdiJ

Senior Member
ky mom said:
thank you for your replies....yes i know that i gave my rights up when i allowed his father's parents to adopt him....but that does not change the fact that i am his birthmother and he does know me as such....i still talk to him on the phone and i do get to see him....had i not had him for almost three years i think things would have been different....the ties that bind cannot be broken....he knows he has two sisters and a brother....and honestly i feel that i should still have some rights when it comes to him...after they both have passed away....i went through with the adoption because i thought it was the best thing i could do for him at the time....is there not some type of statue of limitations when it comes to birthmothers?
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Hon...I understand how you feel but you must realize that legally you are a stranger to him....a judge couldn't give you rights even if the judge agreed that you were his true "mother". However...under KY law your parents do still have rights and that is where your potential strength lies.

You and your parents absolutely need to get a consult with an attorney...like yesterday.
 
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