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pawdean73

grandfather needs attorney to take case

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Why is your father trying to adopt her? Does she live with you? Where do you live? Where is the mother? Who does she live with now? How old? Why has your father been told by the attorneys that they will not take his case?

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My dad is trying to adopt my daughter.

 

Why?  And, since you appear not to object to this, why don't you object?

 

 

 

he can not find an attorney to take his case. Why is this

 

I'm unsure what the purpose of this question is.  You obviously can't expect that anyone here will know the answer (esp. since we don't have any information about his efforts to find an attorney, his ability to pay, etc.).

 

 

 

who can help him?

 

An attorney who handles adoption matters.  A "find a lawyer" link appears prominently at the top of every page at this site.

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We are from NC, but SC is where my daughter, age 7 is because her father is a resident there...case in SC as well. My daughter was placed in foster care after her father took me to court for denying him visitation. I was locked up for failure to comply with a court order. Her father was not "fit" to take her and no relatives in sc, so she was placed in foster care. No one in NC could take her. Due to my drug addiction, and even after completing"treatment plan" DSS terminated my parental rights.

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So...basically, your parental rights were terminated, and the child is not living with the father because someone (DSS?) determined that he is not "fit" for some reason?

 

I would expect that your father will have difficulty with an adoption -- especially if you're living with him -- because such an adoption could be viewed as an end run around the termination of your parental rights.

 

I assume DSS's ultimate goal is to get the child back in the father's care (assuming whatever it is that made him "unfit" can be remedied).

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As long as my daughter is safe and with family I will be satisfied and am willing to do whatever it takes to make it happen. She has a 16 and soon to be 17 year old brothers. Not to mention at very least 60 family members in NC.

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Where do these brothers live? Why were you denying visitation instead of seeking modification of the custody agreement if he was truly unfit? As you learned, that agreement is a court order and you can not disregard it because you do not like it. Was the child voluntarily turned over to DSS or did DSS remove the child? Termination of parental rights is pretty extreme and so there is more to the story than just an addiction for which you sought help. At the time DSS was looking for relatives for placement, where was your father? is there a reason he was not able to step up at that time? Again, WHY he can not find an attorney matters. Could be he is approaching attorneys who do not handle these cases or it could be because there is no way for him to adopt the child at this point and hiring an attorney would be pointless.

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Her brothers live in NC one with me, one with my x husband.. The reason I stopped letting my daughter visit was because we had a 3 day on, 2 day off court order..(him3 days, me 2 and switched the next week)and I had to call the police on 7 different occasions to get her back from him and the last night they came out he had been drinking and driving and they said if I brought her back down there they were not going to help me anymore. Not long after that, he was charged with some serious offences, from meth to having a fugitive wanted by the FBI hiding down in his barn. I went to the director of dss in my county and she wrote and signed a letter stating that it was unsafe to allow my daughter to go down to her fathers. After a year had passed, 2 weeks before she started kindergarten, he took me to court. The judge would not accept the letter and ordered me to take hair drug test because marijuana was brought up,but the judge stated I couldn't use the hair on my head for testing because I may have done something to it. Anyway, on day 2 of the hearing,when I was ordered to bring my daughter, the judge locked me up for failure to comply with the court order and the only person who could take her was my daughters grandmother with whom her father lives with but she had had a dui a few years ago so they took my daughter to a shelter then foster care. My dad or anyone out of state was allowed to take her. My x husband and his wife went through the icpc process and were approved but when the 8th social worker told them it would be permanent, they didn't know what to do..thats where the youngest brother resides as well. My dad would gladly take her and they've known tho from the start.

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I just want my daughter to be with family. She went to court one morning thinking she was going to get to spend time with her dads and never came home. We had went to kindergarten camp, she was cheerleading,etc..she needs to be with family and my daddy is a good man and loves her like his own..and as far as the way in which he's gone about hiring an attorney, I've called most of them and dont understand why he cant get her. He has told dss from day 1 he wanted her. Why would it be difficult for him to get her..i dont understand.

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You still haven't said how long ago your rights were terminated.  That makes a difference.  If you dad wanted her, he had to do more than just call and tell a social worker that.  He needed to show up in court and let the court know.  When it comes to the placement of kids, a phone call from an out of state relative won't do it.  Since you did have an opportunity to reunify with your daughter during some portion of the time she was in foster care, that meant that he would likely have had to move to SC for that period of time so that the SW could check up on the kid regularly as well monitor your progress or non-progress and your visitations with her.  If it's been longer than 6 months since your rights were terminated, it is just too late.  Your daughter has been adopted, likely by the foster family she's been living with all this time and the court isn't going to set that aside....Sorry.

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Signed rights over about 6 weeks ago. My daddy went to visit my daughter regularly, almost as much as myself, and has told every social worker that has been assigned to my case that if she was not placed with her brother that he wanted her. They started icpc weeks ago and not heard anything from anyone. The foster family did not adopt

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pawdean73,

 

Yes, your father needs to get in contact with an attorney there immediately to start the guardianship/adoption process. There are a myriad of reasons why a relative would be granted guardianship, take a look at this articles: Guardianship Basics, How to Establish Guardianship of a Child.

 

If you need to begin the search online, you can do so via our family lawyer directory

 

Please feel free to continue to post your legal questions at our forums,

 

-The FindLaw.com Team

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