tammyc
07-13-2005, 07:04 PM
My brother in law has 2 kids that live in MN. We all live in NC. We just found out today that his rights have been taken away, as of Monday. ( We found out a couple weeks ago that the mothers rights had been taken away due to abuse). When my brother-in-law had to go to court here in NC for Child Support on Monday we were told to call DSS in one town, and so we started making calls. After many long distance calls we finally found the girls. Only to learn that they were die in court to remove his rights in the next 5 minutes. It was not until today that he found out the jugde did remove his rights as their father, he did not take into concern that their father had just been able to locate them. So now my husband and I are wanting to adpote the girls and would like to know what we might be able to do. Where to start etc. Please if anyone could help us, we would like to say thank you ahead of time.
elklaw
07-13-2005, 08:27 PM
Appeal the termination of parental rights and if it is within a week or so, file a motion for reconsideration or motion to set aside based on new information with the court that rendered the termination of parental rights decision, meaning the children being located after years of looking the day of hearing. You need to get on this asap and if you cannot geto counsel fast enough, you may need to file yourself and do the best job you can on the forms.
Another option is to file a petition with the court in MN to adopt the children and take them back to North Carolina and seek legal guardianship of the kids.
As a practical matter, if your plan is to adopt, the parental rights would need to be terminated, so it may be best to file for legal guardianship in MN with that being a way to get lrhal custody for the kids, bring them to NC and complete the adoption process there.
Good luck.
tammyc
07-14-2005, 08:29 AM
Thanks elklaw I will get on this ASAP