What is the name of your state (only U.S. law)FLA
My younger sister and her husband adopted our one sisters baby when she was under 6 mo old., the sister whom allowed them to adopt says she never went to court, signed two papers at their house with their attorney and one paper was a Power of Attorney to change her name, any medical and the other was a form saying they had legal guardianship. My sister said she did not think it was a termination of her rights, just guardianship. She never went to court and and my BIL said years later if she wanted any papers, they were sent to her attorney andto askhim for a copy. She never HAD an attorney handling that. She only has a copy of the Power of Attorney form, agreeing to the name change, and they'll take care of medical/school needs.
She did not have an attorney as I said, nor went to court for it to face a Judge asking her if she gives up her rights for them to adopt. Was that legal here in Florida? The BIL said cause it was an open family adoption my sister did not need to have an attorney, cause it was an open adoption? She never went to court, and here recently my sister whom let them adopt was told by some one she should have faced a Judge regardless, and would have had more papers she had signed? I would think she would have recalled being in court, facing them I said and when I told him she does not have any papers, my brother in law said, they were sent to her attorney. HOW? She did not have one, she could not afford one, I know that for a fact.
I don't understand it. My brother in law said it was all legal, they did everything by the books but then tells my sister it would take alot of money to take their daughter from them. What would make him say that to her unless he felt theatend by her? My sister has no intention of trying to get her or tell her...she has had her own career/family now.( By the way, my neice does not know she was adopted within the family. She will soon be an adult, not that this matters I assume it was legal as an open adoption and my sister did not have to go to court cause her baby was adopted within family?)
Any way she can find out about it being my BIL tells her to ask her 'attorney' for papers that she never had and were sent to? My sister told him she never HAD an attorney, and asked him for the name of HIS Attorney, if he was so sure and he said it was not his problem SHE forgot, and if SHE wanted to know, then find the money to pay to get the copies, her attorney had them, and again she said, she did not have an attorney, why cant HE get copies for her from HIS attorney and he said why should he make it easy for her, she wants a copy of them, she can find the money to get them he wasnt doing it and tried to change the subject on the phone AND when she asked that day at his house, should she have an attorney there also, he had told her she did not need to have one as his was taking care of ALL the papers, they were adopting the baby and it was an open adoption within family.
It just does not sit right with me thats all.
Any advice? If it were an open adoption, and of course it sealed,what papers or copies could my sister get copies OF?
Thanks everyone..
My younger sister and her husband adopted our one sisters baby when she was under 6 mo old., the sister whom allowed them to adopt says she never went to court, signed two papers at their house with their attorney and one paper was a Power of Attorney to change her name, any medical and the other was a form saying they had legal guardianship. My sister said she did not think it was a termination of her rights, just guardianship. She never went to court and and my BIL said years later if she wanted any papers, they were sent to her attorney andto askhim for a copy. She never HAD an attorney handling that. She only has a copy of the Power of Attorney form, agreeing to the name change, and they'll take care of medical/school needs.
She did not have an attorney as I said, nor went to court for it to face a Judge asking her if she gives up her rights for them to adopt. Was that legal here in Florida? The BIL said cause it was an open family adoption my sister did not need to have an attorney, cause it was an open adoption? She never went to court, and here recently my sister whom let them adopt was told by some one she should have faced a Judge regardless, and would have had more papers she had signed? I would think she would have recalled being in court, facing them I said and when I told him she does not have any papers, my brother in law said, they were sent to her attorney. HOW? She did not have one, she could not afford one, I know that for a fact.
I don't understand it. My brother in law said it was all legal, they did everything by the books but then tells my sister it would take alot of money to take their daughter from them. What would make him say that to her unless he felt theatend by her? My sister has no intention of trying to get her or tell her...she has had her own career/family now.( By the way, my neice does not know she was adopted within the family. She will soon be an adult, not that this matters I assume it was legal as an open adoption and my sister did not have to go to court cause her baby was adopted within family?)
Any way she can find out about it being my BIL tells her to ask her 'attorney' for papers that she never had and were sent to? My sister told him she never HAD an attorney, and asked him for the name of HIS Attorney, if he was so sure and he said it was not his problem SHE forgot, and if SHE wanted to know, then find the money to pay to get the copies, her attorney had them, and again she said, she did not have an attorney, why cant HE get copies for her from HIS attorney and he said why should he make it easy for her, she wants a copy of them, she can find the money to get them he wasnt doing it and tried to change the subject on the phone AND when she asked that day at his house, should she have an attorney there also, he had told her she did not need to have one as his was taking care of ALL the papers, they were adopting the baby and it was an open adoption within family.
It just does not sit right with me thats all.
Any advice? If it were an open adoption, and of course it sealed,what papers or copies could my sister get copies OF?
Thanks everyone..
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