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db923 · Jan 19, 2007, 12:44 AM

Can a father who had signed a paper releasing his rights rescind his actions? He was heavily under the influence at the time and regrets he did this.

excon · Jan 19, 2007, 06:09 AM

Hello db:

Maybe. But, you're going to need a lawyer to do it.

excon

ScottGem · Jan 19, 2007, 07:44 AM

Generally, before a court will grant a relinquishment of rights, they will interview the parent. So the parent not only has to sign an order, but it needs to be approved by a judge. If the parent was visibly "under the Influence" at the time, its unlikely the judge would have agreed to grant the petition.

So I wonder if all he did was sign a paper. If he did, then he can recant. If the petition was actually granted by a judge, he can appeal and have it reversed but the likelihood is it won't happen.

Another factor here is the reason for the relinquishment. Generally one is granted only to clear the way for an adoption. If that was the case here and an adoption took place, it will be even less likely.

shygrneyzs · Jan 19, 2007, 07:55 AM

You do not give a great deal of information - it more like a lot of fill in the blanks which raises more questions. Like ScottGem stated, did he merely sign some paper or was it done via the court system? As Excon stated, he will definitely need a lawyer.

I cannot forsee a judge rescinding the original petition. I know what all my former husband and I all had to do in order to adopt our youngest son. We had to prove our mental, emotional, and fiscal grounding. Even our other two children were interviewed. If his parents came now and said what a terrible mistake they made, too bad. I, as the legal parent, would proceed with my own attorney to guarantee my son stays my son.

But, people grow up - perhaps your friend truly regrets his actions. That is for the court to decide.

excon · Jan 19, 2007, 08:21 AM

Hello again db:

You know, even though you might be out of gas with the courts, there are still lots of things you can do. What is it, exactly, that you want to do?

As an example, in my own case, I lost my petition for joint custody in the courts. I appealed and appealed and filed and filed, and very soon ran out of money.

Then I moved a block away from them. As he grew up, the legal ruling meant less and less.

If you want to be in your child's life - you can be - as long as it's in an appropriate way, and as your child grows up, the court ruling should mean less and less in your case too.

excon

Fr_Chuck · Jan 19, 2007, 08:34 AM

Yes and there are various "levels" of termination of rights, you have the ones where you give up all rights and obligations and the child is adopted by the step parent, if this is done and the adopt is gone though with, I doubt if there is a lot you can do unless you challenge it in court.

If you gave up your visitation rights ( which means you still owe child support) it is possible to petition the courts to allow visitation

db923 · Jan 22, 2007, 12:25 AM

It is actually my brother that did this. It was a very bad time in his life, his ex some how coaxed him into signing a paper giving up his parental rights, stating if he did this, she could get my niece health insurance. She since married and is trying to do a step parent adoption w/ the new guys she's with. Scary thing is, she doesn't even last long in any relationship. She worked at a bank and the guy that was present, did not introduce himself as a notary public. Well later, come to find out he was a notary public in the bank. My brother never saw him stamp anything. Its just a mess. The page with the stamp is on page 2. At one time he fought for visitation for his daughter and won. Then his life went further down the drain and led to this. Also, I did not mention he is now encarcerated for 4 years. We did attend the court hearing on Fri and the judge received my brothers petition, declaration and motion and the courts accepted it! They appointed him a public defender... his 3 eldest miss their sister as we do so bad, a bond is being so broken! My niece has a family that loves her! My brother wants to make things right.. I hope there is hope for him and us... Thank you to all that have responded..

The paper he signed was not a court paper, but it looks like a legal document, and also at court, the judge stated that my brother needs to prove why they should not continue without his consent...

But the paper he first signed was not by the court, she has a lawyer.. all this time she"S" has allowed me to call her home and talk to my niece and her son that I love as my own nephew, she let me speak to her in oct 06 and wish her a happy birthday... and all this time she was doing these papers of adoption. And I'm not saying the new guy is a bad person, I'm sure he's not, I'm just very crushed my this.. I turned in a letter to the judge, the form I was told to use was a declaration, it told the story of my brother and her, well.. I know a lot was irrelevant to the case but I was desperate to let the judge know some things.. he said he could not use it.. but he Will use the fact that the Family objects all of this and that Grandma opposes this... is that a good sign?

Isn't adoption for children that have no family that love them or care for them??

ScottGem · Jan 22, 2007, 06:48 AM

First, adoption is simply legally taking responsibility for the raising of a child. There are usually 2 ways that an adoption occurs. One is where a child has no family, but there is also the case where a step parent wants to adopt a step child. In the latter case (which is what you have), there only three people who really matter; the bio parents and the step parent. Doesn't matter what other family the child has. If both bio parents and the step parent agree to the adoption then it will go through. If one of the bio parents doesn't go along then it is unlikely to happen.

I suspect your brother's ex got him to sign a paper, then planned on trying to go through the court claiming that your brother was notified and his not showing up shows his willingness. But I doubt if that paper will be accepted by the court if he appears in person to recant it.

However, I would raise a caution here. I'm going to look at this from the child's point of view. The mother seems to be trying to establish a stable two parent home for the child. Allowing her husband to adopt the child may help in doing that. So I would caution you on standing in the way. It is possible to allow the adoption to go through, but to still have visitation.

db923 · Jan 22, 2007, 12:50 PM

Originally Posted by ScottGem

First, adoption is simply legally taking responsibility for the raising of a child. There are usually 2 ways that an adoption occurs. One is where a child has no family, but there is also the case where a step parent wants to adopt a step child. In the latter case (which is what you have), there only three people who really matter; the bio parents and the step parent. Doesn't matter what other family the child has. If both bio parents and the step parent agree to the adoption then it will go through. If one of the bio parents doesn't go along then it is unlikely to happen.

I suspect your brother's ex got him to sign a paper, then planned on trying to go thru the court claiming that your brother was notified and his not showing up shows his willingness. But I doubt if that paper will be accepted by the court if he appears in person to recant it.

However, I would raise a caution here. I'm going to look at this from the child's point of view. The mother seems to be trying to establish a stable two parent home for the child. Allowing her husband to adopt the child may help in doing that. So I would caution you on standing in the way. It is possible to allow the adoption to go thru, but to still have visitation.

Yes, I understand what your saying about a stable 2 parent home. If my brother was out of the picture for a lot of years and she was a woman that would continue to be stable in her relationships, I would probably be more willing (although my feelings don't matter to the courts) it is unlikely she will last, but who knows... she is veangeful..

Yes, the judge is going to see if they can transport him back to our county, so far, hopefully things will work out for him. And the judge took into consideration that our family is against it and accepted all my brothers responses. My brother has a strong bond with his three oldest children and gets to see them even while he is ecarcerated. When "S" got him to sign that paper stating that my niece will get health insurance, since then, we have not been able to see her. We will lose her if this happens. My brother had a very strong bond with her when he had his visatations as well as her older siblings w/ their sister... I'm just afraid to never see her again and for my brother to lose his rights.

I guess we shall see how this ends up. And your right. She waited for the perfect time, when he got locked up to start this, they were surprised when Judge asked her lawyer, " Did you recieve dads paperwork?" Lawyer said" Nope!"( very happy) ( I thought it was over at that time) Judge says, " I will furnish you with copies" Whew. They all become straight faced.

db923 · Jan 22, 2007, 12:52 PM

Thank you so much for all of your responses...

sexybeasty · Feb 19, 2007, 09:29 PM

Do you mind if I ask what your brother was incarcerated for? Was he a drug addict? You said he had been under the influence.

db923 · Feb 19, 2007, 09:46 PM

I suspect he was under the influence, although, he had never been in trouble w/ the law for any drug problems. I submitted to the court some info on both my brother and mom and judge said it was heresay, so it was tossed out. So as I have been able to look more into it, its better on him that he never had run ins w/ the law as far as drugs. He has a felony. We have since been in court and he was assigned a public defender and things look pretty good( hopefully)but so far things are going equal and he is not being treated any less, since he never signed any court documents. He had signed a paper and It was a document that was intended to help his ex get health insurance and she used it as a little twist , seeming as that he was signing away his rights.. so we shall see what happens... I pray not to lose my niece, as does our entire family.. he went from good family guy, college, slipping into a bad lifestyle to prison... its just been tough for our family.

sexybeasty · Feb 19, 2007, 09:55 PM

It sounds very sad. I hope and pray for God to intervene and to supply your little niece with all the good influences and love in her life she can get. At the very least, if he keeps visitation, then all will not be lost. I cannot imagine a mother so vindictive as to do something that may potentially damage her child and take a smidge of love from her. Good luck and blessings to all concerned.

db923 · Feb 19, 2007, 10:51 PM

Yes, very vindictive. Its such a shame. If my brother did want to give up his rights, then we could nothing about it. But, he doesn't and I'm glad. All I know from our point of view, is that we miss her and her brother, whom to me is my nephew. Thank you, we need all the support we can get.