To make a long story short, my new fiance' unknowingly signed away his full rights to his children in October of 2009. The effects of such signing did not begin to take affect until December of 2010 after he and I had a more established relationship (changing from every Friday through Monday Evening to every other weekend).
Coming from Seattle, Wa. To Michigan upon his ex-wife's wishes (she had met someone over the internet to whom she is now married). The divorce officially took place in Washington State. His ex-Mother in law apparently made all of the arrangements in the divorce, including possibly forging some documents, while they were residing here in Michigan.
All of the specific implications go on and on but the important part is this one that I am coming to.
My new fiancŽ signed papers while in a state of emotional distress, living in the basement of his now ex-wife and her at the time new girlfriend's home (conveniently right next to vents where he could hear EVERYTHING taking place in their new exciting life). Finding it difficult to establish his new life thousands of miles away from everything and everyone he knew.
He continued to take the children every weekend (with the exception of Mondays, as he was working extra and has been working to pay an outstanding bill of over 800 dollars for daycare for those mondays, charged by ex-wife and her new wife) (which completely confuses me because his rights had been taken away? But I don't mind paying the back "child support" as they call it). Up until he and I established our relationship in December of 2010. But let's put all of that aside to address the real issue.
What I care about right now is the fact that the children are only allowed to come over every other weekend. And even those times are constantly being taken away and disrupted to cater to the other set of parent's needs. (Church, grandparents visits, playdates, sleepovers) We want to establish a routine with the children in our loving, supportive, creative and very involved family but find it almost impossible to do having the children only 4-5 nights a month.
My fiancŽ is in a very well state of mind now, we both work hard, I have majority custody of my own children from a previous marriage and I do not see what would stop us from regaining legal rights to the children.
We just aren't positive where to start. We are also concerned with the children having to see a custody battle, which is so unhealthy for them. We just want to be able to have a nice routine with them and watch them grow and be involved in their lives more. Any advise is greatly appreciated.

Not sure why a custody battle is unhealthy, well it is, but it is better than thinking the father cares nothing about them, in a battle they see that a parent they may have been told was worthless really wants to be part of their life. So I would rather of course see couples agree but if not, a battle is much better than just walking away.

Now the issues, I bet he did not sign away his rights, I bet his ex pulled a scam on him, since it is almost impossible to sign over rights unless his ex was remarried and they were going to adopt the kids. ( if that happened there is really nothing he can do)

But he needs to go to court, get copies of all the court cases, all the filings, any paper work and hire a good attorney

Whatever makes you think he signed away his rights? Did you see the paperwork? I totally agree with Chuck that I think he's been scammed. Had he signed away his rights why is there a visitation schedule?

So I suspect he does have rights and just needs to go to court to enforce them. As for a custody battle being unhealthy, that's up to the parents. It shows the children that both parents love them and want to spend time with them. As long as the parents keep the animosity in the courtroom, then it shouldn't be a problem for the children.

So, yes, have him get an attorney to review the documentation of the divorce. Then file for a set visitation scheduled that can be enforced.

After inquiring about more visitation from the children than just every other weekend, my plea being we needed to establish a more routine schedule, which would be more healthy for everyone, I was told "You do realize he signed away his full parental rights don't you? so I think it will be impossible for you to establish a routine, sorry" she then added "I have been trying to help by giving you more time with the kids" (referring to us as sitters for the occasional evening... sigh). When I asked Fiancé about this he stated that he thought he had given them majority custody, being told by ex that it was his best option at the time, having not established a permanent home and full time work yet.
I keep being told about the "parenting plan" that was supposedly established but Fiancé never received a copy and after 9 months of asking I cannot seem to get a copy from the ex.
Because everything was filed in state of Washington by ex's mother, I am finding it impossible to get a hold of any legal documents whatsoever. Going to our local court will not do us any good I imagine? But I am also a bit naïve to all of these process' having been able to establish a good working understanding between my ex and myself.
Re Fr: Chuck- The 2 woman did marry in another state, but it is still not legal here in Michigan. I know that now that Washington state has legalized it, they plan on traveling there soon to marry.. again. Would they, under those circumstances be able to legally adopt? If this has been done, fiance' knows nothing of it.
How do I figure out if it is a scam if I do not know exactly what county in what state everything was filed and fiancé was not given any copies of any legal documents? Not trying to be upset with fiancé for not being pro-active enough in the situation to already have them, I understand the move and emotional batterment he went through during the process would be enough to make the average man jump from a bridge.
THank you again- Hopefulparents

First, he has to do this, not you. You can help by getting info, but you have no legal standing.

Second, he should know where they lived when going through the divorce. Start with that county court to see if the divorce was file there.

However, If both parents are no longer in jurisdiction that originally handled the divorce, then that court no longer has jurisdiction. So he can file in your local court. He can then force her to produce some proof that he gave up his rights.

I can tell that is highly unlikely. Only a court can terminate parental rights and a court is unlikely to do so. If the ex says something like "You do realize he signed away his full parental rights don't you?", you respond, "No I don't realize that. Do you have any documentation to support it?"

So my recommendation is to get an attorney IMMEDIATELY. Then file ASAP in your local court. This will help prevent her from taking the children out of the area, at least until a court rules.

As for adoption, the court will require that she get his agreement for an adoption. She can lie and she he's no longer around, but that will go against her when she's caught.

But given the contentiousness of the situation I would strongly advise getting an attorney. If she does get an attorney herself, then he absolutely needs one.