Desperate for answers

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victorias

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:confused:
My husband and I were given a child by his sister 3 years ago and the only paperwork that we had from her is the paperwork that she signed in the hospital stating that she was giving us custody of the child. The real mother is very young and our son was her 7th child. She has finally settled down and is starting to say things that scare us a little. We are so afraid that she may want to come back and take him from us now that her life has turned around. She has agreed to sign additional guardenship papers as we have requested but she will not sign away her parental rights to us again although she has already done it once. Since we have never gone through the courts and have always been okay with the little bit of paperwork we were given from the hospital stating that we were the adoptive parents (it even said in the papers that once she signed this paper she had no rights to the baby and it was notorized by the hospital with witnesses), are we really just sitting ducks if she was to decide to come back and take the child?? By the way, my husband and his sister and the child are American Indian. I have heard that makes a big difference. Could someone please help me understand what I must do to insure the child can not just be taken away.
 
Your situation can be very complex, especially since the child is American Indian. There is an issue of child abandonment that may be in your favor. However, the issue of the child being an American Indian could be problematic, especially since I have heard that there may be a right of the tribe to claim the child to be taken care of within the tribe. You would do best to consult with an attorney specializing in adoption in your state. Every state has specific laws that deal with the issues raised such as abandonment and guardianship.
 
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