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-   -   How do I regain my parental rights to my children after I've signed them away? (https://www.askmehelpdesk.com/showthread.php?t=636052)

  • Feb 14, 2012, 04:45 PM
    jpburk
    How do I regain my parental rights to my children after I've signed them away?
    My spouse signed away his kids somewhere around 10 yrs ago he has regreted it every day since then. He did it because the mother was demanding he pay more than half his earnings for child support my husbands ex father in law had pull with the judge as he was a d.a. A few counties over and he made sure things would go his way how can he get his rights back he just wants to see them and be a part of their lives
  • Feb 14, 2012, 05:46 PM
    Fr_Chuck
    He will need to take the papers he signed and the judges orders when the judge signed the papers taking away his rights.

    It is highly unusual that a judge would take away a fathers rights for no reason.

    How it was done, but if none and done legally, most likely there is no way
  • Feb 14, 2012, 05:59 PM
    jpburk
    I got an email saying I had an answer but I can't find the response antwhere
  • Feb 14, 2012, 06:03 PM
    jpburk
    I found it also does it have to be filed in the same court that it was done in because I feel that if we try there no matter how much money and time we poured into it we would come up with the same results his oldest daughter is 17 now is there anything legaly we can do about contacting her
  • Feb 14, 2012, 06:19 PM
    ScottGem
    If the mother and child still live in the jurisidiction of that court then yes, you will probably have to file there.

    But I would consult an attorney. If a court terminated his rights then it will be very hard to overturn, especially from so long ago. You will have to prove there was legal,malfeasance. You will need an attorney to weather that storm.

    On the other hand, once the daughter is 18 he is free to attempt to contact her.
  • Feb 14, 2012, 06:25 PM
    jpburk
    He signed over his rights not the court it was due to the unreasonable amount of child support the mother was demanding he had what was supposed to be one of the best lawyers in Austin working the case and the lawyer basically was speachless in court and could do nothing to fight back I have also thought he might should wait however we want the kids to know he loves them enough to fight for them it maybe to little too late
  • Feb 14, 2012, 06:29 PM
    jpburk
    I just pray that the mother hasn't poisened them against him I believe she was 7 and his son was 5 if we contacted the children through letters or by phone could he get into trouble for attempting to contact them I don't believe there were ever any restraining orders
  • Feb 14, 2012, 06:59 PM
    ScottGem
    1) Only a court can terminate rights. Anything he signed is probably not legal unless signed off by a judge.
    2) In most areas child support is based on a statutory formula based on income. The mother could have demanded whatever she wanted but the court is constrained by law.
    3) A court is highly unlikely to terminate rights to let a parent out of paying support.
    4) If his rights really were terminated then he could be in trouble trying to contact them since he has no legal connection to them. If his rights weren't legally terminated there could still be legal issues.

    I suggest he get transcripts of the hearings and have them gone over by another attorney. If his attorney was not allowed to defend him, there could be grounds for appeal.
  • Feb 14, 2012, 06:59 PM
    ScottGem
    1) Only a court can terminate rights. Anything he signed is probably not legal unless signed off by a judge.
    2) In most areas child support is based on a statutory formula based on income. The mother could have demanded whatever she wanted but the court is constrained by law.
    3) A court is highly unlikely to terminate rights to let a parent out of paying support.
    4) If his rights really were terminated then he could be in trouble trying to contact them since he has no legal connection to them. If his rights weren't legally terminated there could still be legal issues.

    I suggest he get transcripts of the hearings and have them gone over by another attorney. If his attorney was not allowed to defend him, there could be grounds for appeal.
  • Feb 14, 2012, 07:08 PM
    jpburk
    That's an excellent idea I'll try to call and get a transcript sent to us then I'll see what if anything can be done about it I am kind of shady on all the details as it is painful for him to talk about I get bits and pieces of it here and there but I want to help him do what it takes to get to see his children he deserves to be a part of their life they deserve to know their daddy all kids should be able to know their daddy
  • Feb 14, 2012, 07:19 PM
    jpburk
    I do know there was someone else that the mother was married to wanting to adopt the kids
  • Feb 14, 2012, 07:22 PM
    jpburk
    I do know that there was another man that his ex was married to waning to adopt the kids
  • Feb 14, 2012, 10:03 PM
    jpburk
    I do have one more question how am I supposed to get child support from a man that's setting in prison for a crime not related to child support
  • Feb 15, 2012, 04:11 AM
    ScottGem
    Quote:

    Originally Posted by jpburk View Post
    I am kinda shady on all the details

    I suspected that and I suspect his memory is either faulty or he's not telling you the whole story. You made it sound like you were with him during this process, so I wasn't sure.

    But what he is telling you goes against what I know of the process. If all you know about this is what little he has told you, then I would be very careful here. You are not a party to this and may not be able to get the transcript on your own. He may have to request it. And if you challenge him to get the transcript, he may balk because he doesn't want you to know the truth. And the truth may be that he ran out on the children to avoid paying support.

    Without knowing exactly what went on in court, I'm skeptical of the circumstances as you have relayed them.
  • Feb 15, 2012, 08:29 AM
    jpburk
    Yes I do feel that thing are not being fully disclosed to me however I don't pry but he is going to request the transcripts next week upon his return home from work he says its been so long he doesn't really remember all the details the main thing right now is finding out if it would be against the law for us to try to contact them I have done my research as far as locating their mom and getting her phone number but I get a knot in my stomach when I think about him placing the call so I'm very glad that it was suggested for me to get the transcripts this way I can see what we are up against and I hope and pray it is not nearly as hard as I think its going to be but worst case senario we have to wait one more year to contact her. If we have to wait one more year does anyone have some suggestions on what the best way of contacting her would be

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