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-   -   Can a signed and notarized letter giving us irrevesible parental rights work (https://www.askmehelpdesk.com/showthread.php?t=287867)

  • Dec 3, 2008, 10:24 AM
    luna442
    Can a signed and notarized letter giving us irrevesible parental rights work
    My husband has a daughter that is deaf mute and mentally challenged in her mid 20's. She has the mentality of a 12 or 13 year old teenager. Her mother has custody and guardianship of her. Two years ago the young lady got pregnant and had a baby girl, which the grandmother is taking care of as well. The young lady participates very little in the care of the child but is because of her mental and physical disabilities is unable to take responsibility for the child. Currently she is pregnant again and the grandmother states she will be unable to care for this second child and is offereing us the new baby. I have spoken to a lawyer specializing in adoption and the prices are skyhigh. I personnaly am 42 and unable to have children physically. I have been praying for a blessing like this for most of my life. We own a house and a minivan, so we are family ready. We are a middle class couple with open arms. Can a signed and notarized letter giving us irreversible parental rights and full custody hold up in court. If ever the time comes where they want to take the child back in the future? The letter would be sighned by the mother, grandmother giving up rights, my husband (grandfather) and myself accepting parental rights and full custody.
  • Dec 3, 2008, 11:25 AM
    Synnen

    Probably not.

    Of course adoption prices are sky-high. It's like a wedding---anything involved with it is expensive because people want it so badly.

    I really DO suggest you use a lawyer, though. If the mother does not have the mental capability to raise a child, she may not be considered to have the mental capability to sign away her parental rights---it may HAVE to go through the courts.

    I'd ALSO like to know who is taking advantage of the mother--that could be considered rape, because she may not have the understanding/capability to consent to sexual acts.

    In order to adopt, you ALSO need consent from the birthfather. If he is unknown, attempts MUST be made to identify him--he has just as many parental rights, and in this case perhaps MORE, than the birthmother.

    Pay the sky-high lawyer's prices. It will be worth it in the end to not have to worry about someone showing up 10 years down the road, claiming he's the father, and starting an even MORE expensive court case over custody at that time.
  • Dec 3, 2008, 12:15 PM
    Fr_Chuck

    No, notorised only means that someone made sure who signs it, it is no more legal than something you write out and just sign, it only now is shown for sure who signed it.

    It is only legal if and when a judge signs off moving custody.

    I would ask a serioius question how is this person getting pregnant, if she is not mentally able to care for herself and has a guardian, someone could be found guilty of rape for having sex with her, plus the person taking care of her could have that right taken away.

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