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    Andrewsmom's Avatar
    Andrewsmom Posts: 5, Reputation: 1
    New Member
    		  
    #1

    Feb 10, 2009, 08:48 AM
    Legality of papers
    My ex-husband gave up parental rights over a year ago. As part of the agreement
    He had asked for a monetary settlement. The check was cashed and received. It
    Has come to our attention that the judge never signed anything.While my exhusband
    And I both signed the agreement presented to us by the lawyer and it was notarized, no actual addresses for either party are listed. Is this document legal? The check was cashed and now my ex husband wants to take us to court crying it is not legal. Help , Please!!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Feb 10, 2009, 08:56 AM

    You posted this under the Adoption forum. Was the relinquishment of rights done as part of your new husband adopting the child? If so, do you have a judges signature on the adoption petition?

    If you don't have adoption papers, then it is very possible, this was not legal. Getting a termination of parental rights is very difficult and generally granted only to clear the way for an adoption.

    And requiring a "monetary settlement" to relinquish rights may very well be illegal. The 14th Amendment basically prohbiting selling peoplem which is what that amounts to.

    That may be why the judge never signed it, I doubt if he even saw the agreement. The lawyer that drew it up probably should be disbarred, In my opinion.

    I would strongly suggest you hire another attorney to look into this.
    Andrewsmom's Avatar
    Andrewsmom Posts: 5, Reputation: 1
    New Member
    		  
    #3

    Feb 10, 2009, 09:41 AM
    Thanks for your prompt response
    Scott,

    The judge has yet to sign the adoption petition simply because our lawyer
    Said that we should have had our addresses on the initial papers that my
    Ex-husband signed voluntarily giving up rights. So , am I unerstanding correctly
    That since there are no addresses on the document and since my ex-husband had demanded money before he would sign them they may not be legal? I have given
    My lawyer thousands of dollars and now I am wondering why. How soon should
    The adoption process have gone through after siging over rights? Thank you so much
    For your help!!
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
    Expert
    		  
    #4

    Feb 10, 2009, 09:45 AM

    Hi Andrewsmom, scottgem is more likely to see this if you post under your original question. I believe it was called 'legality of papers'. You may find your original post if you go to 'profile' look at the left side and click on 'my questions'. :)
    Andrewsmom's Avatar
    Andrewsmom Posts: 5, Reputation: 1
    New Member
    		  
    #5

    Feb 10, 2009, 10:10 AM
    In respsonse to legality of termination of rights
    Scott,

    The judge has yet to sign the adoption petition simply because our lawyer
    Said that we should have had our addresses on the initial papers that my
    Ex-husband signed voluntarily giving up...
    Andrewsmom's Avatar
    Andrewsmom Posts: 5, Reputation: 1
    New Member
    		  
    #6

    Feb 10, 2009, 10:15 AM
    In respsonse to legality of termination of rights
    Scott,

    The judge has yet to sign the adoption petition simply because our lawyer
    Said that we should have had our addresses on the initial papers that my
    Ex-husband signed voluntarily giving up rights. So , am I unerstanding correctly
    That since there are no addresses on the document and since my ex-husband had demanded money before he would sign them they may not be legal? I have given
    My lawyer thousands of dollars and now I am wondering why. How soon should
    The adoption process have gone through after siging over rights? Thank you so much
    For your help!!

    This is new to me so I am sorry I am not doing this correctlly
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