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    nccargo's Avatar
    nccargo Posts: 2, Reputation: 1
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    #1

    Dec 22, 2009, 07:49 AM
    My ex gave up his parental rights and wants them back
    My ex-husband gave up his parental rights to our now 4 year old daughter in 2007 and is now threatening to get an attorney and take me to court to get his rights back and joint custody. We got divorced overseas while we were both active duty and stationed in Japan. He initially left when our daughter was 2 weeks old and popped in and out of her life until she was 1 year old and has had nothing to do with her since. He doesn't see her, contact her, and only paid child support for 4 months before I waived it because he took me to court claiming he could only pay $100.00 a month despite him paying $1345.00 for his other three children who he also does not partake in their lives regularly. He is not claiming that he was going through rehab and was unaware that he was giving up his rights. Where do I stand in fighting to keep him away? He is a recovering alcoholic, kicked out of the military and has been unemployed since 2008. Please help!
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #2

    Dec 22, 2009, 08:26 AM

    How did he lose his rights?

    Were they taken away by a court because he was a danger to the child?

    MOST states do not allow the relinquishment of parental rights UNLESS a step-parent adoption is involved, or unless the parent is a danger to the child.

    Are you sure he gave up his RIGHTS, and not CUSTODY?
    nccargo's Avatar
    nccargo Posts: 2, Reputation: 1
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    #3

    Dec 22, 2009, 11:32 AM

    In Japan they give the option to forfeit your parental rights and he did.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Dec 22, 2009, 04:02 PM

    He may stand a good chance of getting them back because you should have went through the military courts and not japan's court system. There are special rules for this type of thing and it sounds like they weren't followed so it could be overturned by a U.S. court.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Dec 22, 2009, 04:27 PM

    There is no way that Japanese laws would apply in this case. Neither of you were citizens or even residents of Japan. So I agree with Califdad. In fact, I think it can assert his rights as a parent right now. It would then be up to you to go to court to have the Japanese order enforced in the US. And I think you will lose.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Dec 22, 2009, 05:33 PM

    Yes, he has a very good chance of getting his rights established. In fact the court may well decide that he never actually lost them.
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