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Mom Confessions Mom Confessions

Does she have a case? A parental rights question.

Posted by on Apr. 23, 2014 at 11:26 PM
  • 107 Replies

My sister had a baby at age 16. None of us were suprised that she wasn't mature enough to step up to motherhood 100%.

The father's mother took guardianship of the baby as her son an my sister were immature, fighting constantly, and partying.

Anyways. My sister cleaned up her act, big time, starting at age 17, when the baby was one. She finished highschool, got a job, and now has her own place. She hosted her daughters second birthday at her new place a few months ago and is always eager to visit her daughter. Thing is, they never had a C/O. 

Now, she just got the papers saying the fathers mom is trying to terminate her parental rights. She's claiming that my sister comes from a long line of mental illness, doesn't keep up with her visits (the woman denies her visits because of no C/O), and that her daughter doesn't feel "attached" to her mom. 

There's never been a hearing, C/o set in place, anything. From what I thought I knew it took much more to terminate a mothers rights. Does she have a case? Can this actually happen? I thought it was when the mom was wayyyy worse or showed no interest in mothering. The child is TWO. Is that enough time for the courts to consider her a fail parent? 

What's going on! I'm stressed ladies:/

by on Apr. 23, 2014 at 11:26 PM
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Replies (1-10):
Mom-to-2kids
by Ruby Member on Apr. 23, 2014 at 11:28 PM
It took about 6 years for my friend to loose her rights
Momniscient
by Ruby Member on Apr. 23, 2014 at 11:28 PM
1 mom liked this
I doubt it.
However the courts love status quo so your sister has a very long uphill battle.

Were I her I would get legal help and start preparing motions for custody.

Wait. Who has legal custody?
Anonymous
by Anonymous 1 on Apr. 23, 2014 at 11:28 PM
Idk how it would work in her situation, but normal "abandonment" is a full two years of absolutely no contact whatsoever. Even then, it's very hard to prove.
Anonymous
by Anonymous 2 on Apr. 23, 2014 at 11:29 PM
Its possible. Im sure there lots more to the story and thats what the judge will hear.
sheramom4
by Ruby Member on Apr. 23, 2014 at 11:29 PM
2 moms liked this

She needs to rescind the guardianship agreement. 

And they should have no case for a termination. She needs an attorney though.

csxt99
by Jennifer on Apr. 23, 2014 at 11:31 PM
1 mom liked this

It sounds like Grandma feels threatened because she cleaned her act up.  She needs a lawyer.  Since she is involved and cleaned up, I doubt if her parental rights will be terminated by the courts.  She may also want to formally file for custody, if that's what she wants, so she has a custody order in place.

lalalamama
by Silver Member on Apr. 23, 2014 at 11:32 PM
Two years is a long time in a child's life. No idea what the legal implications are.
DarksMama
by Platinum Member on Apr. 23, 2014 at 11:35 PM
1 mom liked this

Lawyer up. 

thejodigirl
by Platinum Member on Apr. 23, 2014 at 11:36 PM

My sister I believe. The grandma only has guardianship. It's also temporary guardianship. I thibk my sister feel intimidated bc she feels like she's battling a much older, wiser woman.

Quoting Momniscient: I doubt it. However the courts love status quo so your sister has a very long uphill battle. Were I her I would get legal help and start preparing motions for custody. Wait. Who has legal custody?


thejodigirl
by Platinum Member on Apr. 23, 2014 at 11:36 PM

I totally would, but she can't afford it.

Quoting DarksMama:

Lawyer up. 


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