How did I get my daughter back since my parents have died?

[evy_fluffy]

What is the name of your state? Louisiana
My parents adopted my daughter when she was 4. My mom died when she was 6 and now she is 13 and my dad recently pasted away. I know that since I signed away my rights to her she will not be my child. My uncle is trying to take her from me now and I do not know what to do. She has always known I am her mother but by law I am her sister and since our parents are both dead can she legally stay with me? Help me please!

 

[momofrose]

Please consult an attorney at once...not much else you can do.

Good Luck
D

 

[rmet4nzkx]

What is the name of your state? Louisiana
My parents adopted my daughter when she was 4. My mom died when she was 6 and now she is 13 and my dad recently pasted away. I know that since I signed away my rights to her she will not be my child. My uncle is trying to take her from me now and I do not know what to do. She has always known I am her mother but by law I am her sister and since our parents are both dead can she legally stay with me? Help me please!

You can petition the court to be her guardian, if you currently have custody of her you can apply at Social Security to be her representitive payee of she is entitled to Social Security suvivors benefits. How old are you? Are there any questions re your fitness as a parent? Are there any questions re Uncle as a guardian? Has anyone opened probate on your dad's estate? Was there a will or standby guardian appointed?

 

[evy_fluffy]

I am 32 and in good health. I work and have my own apartment. My uncle lives in the state of Mississippi, he is in his 60s and has a bad heart condition. He also has his oldest daughter living in the same house with him with her husband, 4 our her children, one of her husbands grandkids, and also another grandchild. My uncle just obtained a lawyer here in the state of Louisiana. Yes my child was getting social security before my dad died. I have my daughter with me now but not legally (meaning no paperwork) and she has been with me since a week before our dad died. Any help or advice would be greatly appreciated.

 

[LdiJ]

I am 32 and in good health. I work and have my own apartment. My uncle lives in the state of Mississippi, he is in his 60s and has a bad heart condition. He also has his oldest daughter living in the same house with him with her husband, 4 our her children, one of her husbands grandkids, and also another grandchild. My uncle just obtained a lawyer here in the state of Louisiana. Yes my child was getting social security before my dad died. I have my daughter with me now but not legally (meaning no paperwork) and she has been with me since a week before our dad died. Any help or advice would be greatly appreciated.

File for custody NOW...as her sister. You have at least as much standing as your uncle does....and probably a better chance at winning. However, if you can swing an attorney I would definitely recommend it.

There is a reason why your uncle is filing for custody. Its could be a virtuous as believing you to be unfit and truly loving the child...or as vile as wanting the child's social security money and the child matters squat...and every possible combination in between. Understand what his reason is....understand it without any blinders on.

You have no standing as the child's mother and should not attempt to assert any standing/rights in that respect. However, again, you do have standing as her sister....and that puts you in a strong position.