What is the name of your state (only U.S. law)? MO
teen mother coerced by her mother to give baby up for adoption. (mom says "either abort or give up for adoption, you can't live here if you keep")
potential adoptive mother provided with guardianship papers, good for 1 year, signed by birth mother and her mother, however, birth father, his parents and birth mother's father all listed on guardianship papers but refuse to sign.
adoptive mother takes baby from hospital with incomplete guardianship papers.
Teen mother moves out of mother's apartment, asks attorney how to revoke guardianship and get baby back. birth mom's attorney says just go get baby, guardianship papers have not been filed in court or signed by a judge. potential adoptive mothers attorney says she is aware she has to give baby back and wants you to wait until morning to get him.
Next morning, potential adoptive mother refuses to give baby back. both attorneys tell potential adoptive mother she is now kidnapping because she has no legal right to keep the baby from his birth mother. Police say "your attorneys don't know the law" its not kidnapping because she was given the baby and she has papers that she believes gives her the right to keep him. Regardless of whether or not the signatures that ARE on the guardianship papers are legit. How are they supposed to be able to know the difference?
attorney says take police next time. police refuse to assist because it is a "civil matter." out of ignorance for custody laws, they will not take the baby away from one person and give to another unless being physically harmed in their sight regardless of incomplete guardianship papers, birth mothers rights, etc. because they don't know who should legally have child.
now what? how do you physically get a baby back from someone who refuses to give him back and police will not assist? The police actually suggested following her to grocery store and taking baby out of grocery cart because "possession is 9/10ths of the law"... is this seriously the only option?
nothing has ever been filed in court regarding guardianship, custody, adoption, etc. so there is nothing to go to court and un-do/revoke. Probate court says if she attempts to file the papers as-is, they most likely will not be accepted. That still doesn't get the baby back to his birth mother.What is the name of your state (only U.S. law)?
teen mother coerced by her mother to give baby up for adoption. (mom says "either abort or give up for adoption, you can't live here if you keep")
potential adoptive mother provided with guardianship papers, good for 1 year, signed by birth mother and her mother, however, birth father, his parents and birth mother's father all listed on guardianship papers but refuse to sign.
adoptive mother takes baby from hospital with incomplete guardianship papers.
Teen mother moves out of mother's apartment, asks attorney how to revoke guardianship and get baby back. birth mom's attorney says just go get baby, guardianship papers have not been filed in court or signed by a judge. potential adoptive mothers attorney says she is aware she has to give baby back and wants you to wait until morning to get him.
Next morning, potential adoptive mother refuses to give baby back. both attorneys tell potential adoptive mother she is now kidnapping because she has no legal right to keep the baby from his birth mother. Police say "your attorneys don't know the law" its not kidnapping because she was given the baby and she has papers that she believes gives her the right to keep him. Regardless of whether or not the signatures that ARE on the guardianship papers are legit. How are they supposed to be able to know the difference?
attorney says take police next time. police refuse to assist because it is a "civil matter." out of ignorance for custody laws, they will not take the baby away from one person and give to another unless being physically harmed in their sight regardless of incomplete guardianship papers, birth mothers rights, etc. because they don't know who should legally have child.
now what? how do you physically get a baby back from someone who refuses to give him back and police will not assist? The police actually suggested following her to grocery store and taking baby out of grocery cart because "possession is 9/10ths of the law"... is this seriously the only option?
nothing has ever been filed in court regarding guardianship, custody, adoption, etc. so there is nothing to go to court and un-do/revoke. Probate court says if she attempts to file the papers as-is, they most likely will not be accepted. That still doesn't get the baby back to his birth mother.What is the name of your state (only U.S. law)?