Legal Question in Family Law in Maryland
Child Abandonment
I have a legal problem in regards to a child that i had when I was young (17). I made a horrible decision to leave her behind with my mother when she kicked me out of the house. She was born with Cystic Fibrosis and was very sick as a baby I had no place to live and was homeless for awhile. I have since met a very nice man and have had 3 other children. I do have contact
with my child we speak on the phone and have occasional visits she is now 12yrs old. The problem that i am having now is that I signed guardenship over to my mother who then signed it over to my grandmother. I come from a very emotionally abusive family. My mother has since asked my grandmother to let my daughter come and live with her again there are some major issues going on. My grandmother is refusing to allow this.My mother is going to challenge the my grandmother in court. My question is do I as her birth mother have any legal rights at all. I truly regret my choices and need to know if there is anything I can do?
2 Answers from Attorneys
Re: Child Abandonment
It is unclear whether you and the child reside in Pennsylvania or Maryland. I will respond regarding Pennsylvania law.
If you voluntarily relinquished your parental rights you no longer have automatic standing as a parent to seek visitation rights to the child. However, depending upon the role you have played in your child's life, you may be able to attempt to obtain visitation rights through a third-party action. Third-party actions in custody are brought by persons, without parental rights, who can prove that through their ongoing relationship with the child, they have displayed a sustained, substantial and sincere interest in the child to such an extent that they display a right to custody (a 'prima facie right') If you have maintained contact with the child, have made known to the child that you are the child's mother, and have acted in a role which has been parental and beneficial to the child and displayed your ongoing substantial interest in the child, you may attempt to achieve standing for visitation rights as a third-party. The legal requirements for third party standing are strict, however.
If you retain your parental rights, you have automatic standing to contest the custody action.
You need to obtain the services of an attorney in the county in which the custody action is taking place. If no custody action has been begun, you can initiate one if you wish. You may directly contact the domestic relations division of the county court, to receive information and direction.
Ilene Young, Esquire/ Civil & Family Practice 215-444-0445
As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.
Re: Child Abandonment
The first question is have your parential rights been terminated?
If the answer to that question is yes, then you have no legal rights here at all. If the answer to that question is no, then stop trying to deal with this on the web and see a knowagable family law attorny is the state where the present custody motion is pending. You may even be able to get an attorny appointed by the court to represent you. Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
