[Hryals]

Can a women sign over her legal rights in a divorce and after singing those documents still change her mind if the judge hasn't signed the papers yet. The Father doesn't want to he wants to go with the original signed documents. Is there a cooling off period for divorce and child custody? Why do those documents become legal the moment the both signed them with their lawyer or after the judge signs them?

[stinawords]

Ok first where are you located? If in the U.S. I don't see how the mothers rights would be terminated after a divorce. She may not have physical custody but I just don't see a judge terminating her rights. Can you give a little more about the situation?

[ScottGem]

In the US a divorce settlement is not final until the judge approves it. Generally, judges will not grant TPRs unless its to clear the way for adoption. Frequently a judge will question the relinquishing parent (especially the mother) to make absolutely sure they want to relinquish.

So, yes either parent can recant anything they signed up until the judge approves it. I doubt if the judge would have agreed to it anyway.

[Hryals]

Ok. More details.. I am in Alabama. The wife had an affair and wanted a divorce. The couple together(Husband & Wife) went to one lawyer and agreed on all terms of the divorce. She signed that she wanted the father to be the custodial parent and also sign away any rights that may require her to pay child support. She now has decided two weeks after signing those papers and after her boyfriend informed her he didn't want to be with her that she now has changed her mind and wants primary custody of the children.

[stinawords]

Well the first set of papers a judge wouldn't have signed anyway so new ones will have to be drawn up. Where is rthe child living right now? If the child is with the father then he stands a fair chance at keeping the child with the mother having visitation. This could end up in court for the judge to decide what is best for the child if the two parents can't agree on a an arrangement that the judge would also sign off on (not hard to do as long as one parent isn't trying to terminate their rights with out a step parent wanting to adopt.)

[Fr_Chuck]

Yes, she can change her mind a dozen times before the judge rules and even every few years after the judge rules and ask for 100's of variations.

For example my ex and I was back into court at least once ever 18 months for 16 years over some issue.

[ScottGem]

I'm really surprised an attorney drew up those papers. He should have known the courts are not likely to sign off on a TPR. But as we have all said, until the judge affirms the divorce settlement, either party can change their minds.