Legal Question in Civil Rights Law in Georgia

They took custody of my child when she wasn't even born yet.

I was incarcerated in Aug. of 1999. I was 6 and half months pregnant. On Oct. 31st I was still in jail when a officer from the DFACS office came to visit me and told me that they were taking custody of my child as soon as I deliver. On Nov.19, 1999 I gave birth to my daughter and was made to leave her at the hospital for a foster family to pick her up. When I got to prison there was other women there who were pregnant and they were given an oppurtunity to designate who their child was given to. I was not given that opportunity and I believe my rights were violated. The reason that I am concerned about it now is because even after three years of being with me and recognizing me as her mother my daughter is still having issues of longing to be with her foster family and I believe this could have been avoided or less awkward if she were given to my family and raised knowing I was her mother not her foster mother.


Asked on 12/06/05, 6:18 pm

1 Answer from Attorneys
Anne Sampson Gbenjo The Gbenjo Law Group

Re: They took custody of my child when she wasn't even born yet.

You really should not have waited this long before seeking help. Your cause of action arose immediately you discovered somebody was accorded the rights that you were stripped of - particularly if the other women are of a different race. Find out the dates of occurrences to determine whether you are still able to file your suit - again subject to the conditions herein. Be sure though that you were not incarcerated for child abuse and neglect (of another child of yours or others) or for other dangerous crime which would would have put the best interest of your daughter in jeopardy.

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Answered on 12/06/05, 7:15 pm


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