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texaslaws · Jun 25, 2011, 08:45 AM

My oldest son receintly told me that he filled out a form giving up his parental rights months ago? After doing this, he and his fiancé decided to get back together and try to work things out. So, the forms were never filed. I don't even know if they needed to be? I don't know much about the process with something like this? Unfortunately they have decided to be a part again, and she is using this paper as a way to control everything. Is this form even legal in the State of Texas? Is there anything he can do to have these papers negated? I am hoping that these papers will have to be presented to a court before any other action can be taken. He knows he made a BIG mistake and is scared that he will never see his baby again. What can he do? PLEASE any advice/info will be appreciated. Thanks to all who respond!

tickle · Jun 25, 2011, 09:34 AM

Yes the forms have to be filed in order for this particular action to take place. After they are filed, he has no legal right to his child. Why did he do this? She can't control the situation unless she files the papers. Why is she using this as a control? Why isn't she filing the papers?

Sorry, lots of questions. More to the story I guess.

Tick

texaslaws · Jun 25, 2011, 10:05 AM

There is a lot more to the story. I probably still have more questions then answers at this time! I have heard different reasons he signed them. I still don't know what to believe right now. They are both only 18, so there is a lack of maturity from both sides which complicates this even more. Thanks for your response!

If I hired a lawyer would there be a way to stop it?

tickle · Jun 25, 2011, 10:32 AM

If the papers were torn up before being filed, that would be a good way to stop it; he knows enough not to sign them again.

"If you hired a lawyer", no I don't think that would stop it once it was filed, but what could a lawyer do if the papers aren't signed. Yes, both l8 makes a lot confusion. I feel sorry for their predicament. She doesn't know enough not to try and use the (probably) unsigned papers as leverage. But what is she using coercion for?

I am hoping one of our lawyers will chime in on this, Texas and get this nailed down for you to make it easier to get your head around it.

Tick

AK lawyer · Jun 25, 2011, 06:00 PM

Originally Posted by tickle

...
I am hoping one of our lawyers will chime in on this, texas and get this nailed down for you to make it easier to get your head around it.

Tick asked me to look at this thread, I guess because I'm a lawyer, although not a Texan lawyer.

First, it is unclear what the papers that were signed said, exactly.

But the first thing your son should do, well, get an attorney.

Then, with the lawyer's concurrence, send his ex a letter by certified mail, to the ex and to her attorney if she has one, that he revokes whatever he agreed to in these papers.

I would hope that they don't waive notice of anything. It would be hard to file a notice of revocation in the court if he isn't going to get notice of the proceeding.

Assuming he didn't waive notice, when and if she files the papers in court he should immediatedly file a notice that he revokes the papers he signed.

That should take care of any problem that could be caused by these papers.

Fr_Chuck · Jun 25, 2011, 06:32 PM

Yes, since in general he can not just "give up his rights" it is hard to say what he signed exactly, But he needs to not only revolk the papers he signed, he needs to file for either joint custody or liberal visits with the child

texaslaws · Jun 25, 2011, 09:18 PM

Thanks, for your quick responses! I have asked to get a copy of the papers. I'm just not sure if that is going to happen? I will be getting a lawyer asap.

ScottGem · Jun 26, 2011, 06:19 AM

As far as I know, no US state permits a parent to just give up their rights by signing a paper. And I'm pretty sure TX does not. Only a court can terminate parental rights. So, since this "form" was not approved by a court, its almost worthless. The only thing that form might do, is show a court intent in making their decision as to custody. But, especially in TX, it is very unlikely a court will terminate rights unless to clear the way for an adoption.

There is a sticky on the top of this forum that discusses the issue. There are hundreds of threads in this forum that discuss the issue of terminating rights to a child.