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发表于 2011-8-18 03:17 PM
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判决书上关于转让监护权一事的详细陈情:
On June 2, 1999, the father of A.M.H., the Bakers, the Mid-South counselor, and Mid-South’s attorney met to explain to the father the legal effect of granting the Bakers temporary custody. According to Mrs. Baker’s testimony, the father was told by the attorney “that this could go for one year or it could go for 18 years.” Mid-South’s attorney testified that he informed the parents that by giving up custody, “unless everybody consents to give the custody back . . . anybody that gives up even temporary custody takes a risk that . . . the court may not give custody back.” He further testified:
And I’m sure I would have given some hypotheticals about what some of those reasons [for not returning custody to the parents] might be; you know, that if the couple that wanted custody back [engaged in] drug use or alcohol use or some kind of abuse or not having a place for the child to live or not – you know, those sort of things could prevent you from getting custody back.
On June 4, 1999, Mid-South’s attorney went with the Bakers and the parents of A.M.H. to the Juvenile Court of Shelby County to obtain a consent order transferring custody of A.M.H. to the Bakers. A juvenile court officer drafted the “Petition for Custody” and a “Consent Order Awarding Custody.” The consent order does not mention child support or visitation. A juvenile court interpreter, the juvenile court officer, and Mid-South’s attorney spoke with the mother privately before she signed the order; the mother was told that the order would enable the Bakers to obtain health insurance for A.M.H. The juvenile court officer who drafted the consent order testified that the mother was very concerned that the arrangement be temporary and that the parents would continue to have “open visitation” with A.M.H. through the duration of the Bakers’ custody.
Despite the mother’s concerns that the arrangement be temporary, the juvenile court officer added a guardianship provision to the consent order so that the Bakers could obtain medical insurance for A.M.H. Mrs. Baker stated that there was no discussion of guardianship during the meeting between the Bakers and the parents of A.M.H. prior to the execution of the consent order
in juvenile court.
http://www.parentalrightsandjust ... ite/1/19/AMHOPN.pdf
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