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    yolanda2011's Avatar
    yolanda2011 Posts: 2, Reputation: 1
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    #1

    Jun 29, 2011, 09:46 PM
    Parental rights
    Does the document that states your signing over youe parental rights have to a notary person sign the document before it is able to be used in court of law

    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jun 30, 2011, 03:40 AM

    First, ANY question on law needs to include your general locale as laws vary by area.

    Second what document? A parent cannot just sign over their rights. Only a court can terminate parental rights. And courts are very reluctant to do so. So we need to know more about this situation to advise you. Generally if the courts would consider a TPR the relinquishing parent would have to appear before the court making notarization unnecessary. But if the parent will not be appearing then I think the court would require it.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #3

    Jun 30, 2011, 07:32 AM

    Gnenerally, it is impossible to relinquish parental rights in ANY way outside of a courthouse, in front of a judge.

    Signing a piece of paper, with or without a notary, doesn't mean diddly squat.

    How about you give us your location and the full situation so we can help you better?
    yolanda2011's Avatar
    yolanda2011 Posts: 2, Reputation: 1
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    #4

    Jun 30, 2011, 11:25 AM
    Comment on ScottGem's post
    OK I had a baby 8 days ago I allowed the man that I was living with sign the birth certificate because me and the real father don't get along well I decided I was moving out and him and his wife would not allow me to take my son I had signed a piece of paper saying I was going to but never presented it to the courts because I want my rights. Well can that legally be used in court when it was never submitted to the courts and not notarized.. I live in Kearney Ne 68847
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #5

    Jun 30, 2011, 11:35 AM

    Quote Originally Posted by yolanda2011
    ok i had a baby 8 days ago i allowed the man that i was living with sign the birth certificate because me and the real father dont get along well i decided i was moving out and him and his wife would not allow me to take my son i had signed a piece of paper saying i was going to but never presented it to the courts because i want my rights. Well can that legally be used in court when it was never submitted to the courts and not notarized.. I live in Kearney Ne 68847
    You knowingly allowed a random person to sign a birth certificate and list himself as the father of a child whom he has no ties to - congratulations, you're both guilty of fraud.

    As of right now, he has all the same rights as you do because he is the child's legal father. If he petitions the court for visitation and custodial rights, he's more than allowed to do that. You can try to fight it on grounds of paternity, but that doesn't mean you'll be successful. Judges have ordered non-biological fathers to pay child support for children belonging to other men because they deemed it in the child's best interest.

    You do realize you could have avoided this entire mess by just leaving the father's name blank on the birth certificate, correct? Or is there something more you were trying to hide and/or accomplish by cutting out the biological father?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jun 30, 2011, 12:01 PM
    Quote Originally Posted by yolanda2011 View Post
    ok i had a baby 8 days ago i allowed the man that i was living with sign the birth certificate because me and the real father dont get along well i decided i was moving out and him and his wife would not allow me to take my son i had signed a piece of paper saying i was going to but never presented it to the courts because i want my rights. Well can that legally be used in court when it was never submitted to the courts and not notarized.. I live in Kearney Ne 68847
    Let me get this straight:
    You were living with a husband and wife. The husband signed an affidavit of paternity so as to allow his name to appear on the birth certificate as the father. Then you moved out, but the couple wouldn't let you take the baby with you.

    Is that what you are saying? Although it seems that they are exercising better judgment than you are, they probably don't actually have the right to keep you from taking the baby with you. Does the wife realize that her husband signed a (supposedly) false affidavit (i.e.: perjury) saying, in effect, that he had sex with you?

    As far as the paper you signed is concerned, yes it can be used in court as evidence of your immaturity. It is doubtful, however that it can be enforced against you should you make it clear that you have changed your mind. The lack of notarization doesn't mean a thing.
    cdad's Avatar
    cdad Posts: 12,701, Reputation: 1438
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    #7

    Jun 30, 2011, 02:27 PM

    I have to ask at this point. How old are you?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Jun 30, 2011, 05:55 PM

    Let me see if I understand this. You were living with a man AND his wife. And you were going to give the baby to them, but then changed your mind. As part of the arrangement you signed a document relinquishing your rights. Now you want to leave and they won't let you take your child.

    Since you allowed the man to claim paternity, he has an equal right to the child. You are going to have to go to court to deny his paternity and get custody of the child. This is going to be messy because you both committed a fraud. Plus you sign a document which shows intent. Not sure how the courts will rule in this one. They will have to decide what the best interests of the child are.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #9

    Jun 30, 2011, 07:47 PM

    Ok, have to say I don't know who I would want the child to live with, but lets try and start.

    The paper you signed does not give your rights away, since first you can't just give them away, and second if it were, it would have to go to court where you have the right to appear and fight it.

    Next, you need an attorney, who will have to perhaps also get the bio father, to contest and ask for a paternity test to prove he is the real father. Or you may be able to. You need to file for custody of the baby.

    Next what do you mean he would not let you, was he keeping you with force against your will ? If so that is kidnapping and illegal. You would be free to walk out the door with the child anytime you wanted
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Jun 30, 2011, 08:18 PM
    Quote Originally Posted by Fr_Chuck View Post
    next what do you mean he would not let you, was he keeping you with force against your will ? if so that is kidnapping and illegal. You would be free to walk out the door with the child anytime you wanted
    If he is the legal father at this point, he could keep the child, but he can't keep the mother against her will.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #11

    Jun 30, 2011, 08:22 PM

    Agree he could keep the child, but he also can not use any force to stop her from walking out holding the child.
    Once he used force to stop her walking out, he would be guilty of assault and if it is done while holding a child in many states that adds additional violations

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