if 1 parent relinquishes, and no one kept the papers, is it sealed like with adoption?
Sunday, March 7th, 2010 at
12:24 am
My mom relinquished her rights to me 12 years ago and gave my dad sole custody.
Is this something that is kept on record?
Is it public?
if no one goes looking for the documents, will I be treated as her offspring in case of her needing a power of attorney or guardian fo rher minor child (my sister)?
they went through purchase drugs online an attorney. she gave up her rights in exchange for not having to pay child support.
Yes, it would be kept on record. No you will not be treated as her off-spring in case of power of attorney for her minor child. In the eyes of the court you are not related to the mother or the child. When she relinquished you she gave up all legal rights to you.
she probably didn’t relinquish her rights but let your father have full custody. relinquishing or terminating ones rights takes a court and most of the time its not allowed by the courts unless she was convicted of abuse or something on you or a step parent was adopting you. If they went thru court for custody then it would be on record. Not sure on the power of attorney thing for your sister though.
If she gave up her rights to you then she had to have signed something to make it legal and it would have been filed away somewhere not sure where though, you might ask your dad about that. I would think that if your mom made it known in her will or some other legal document that you are to have guardianship of her younger daughter or be power of attorney is all you would need.
Unless it was witnessed, notarized and filed in the Circuit Clerk’s office, it is worthless no matter what. She could have signed a thousand times and it is still meaningless. When it is filed in the Clerk’s office, it is given a seal. Without that seal it is just a piece of paper.
I would say the attorney has a copy.
The county where the custody agreement was met would have a copy of the court filings. You can contact the the county clerk for this information. as for the power attorney thing, that really depends on what is going on . Family courts are not like regular courts. They try to do what is in the best interest of the minor child so the same rules of evidence do not apply as in adult court. Your sisters father, or your sisters attorney can can introduce anything into court that is relevant to the best interest of the minor child.