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

    Jun 18, 2012, 06:13 PM
    Can a person sign over parental rights on notorized hand written paper
    My son signed a hand written paper and had it notorized giving his son's mother full custody. He did so because she said that was the only way he would see the boy. Will this hold up in court, did he sign his rights away?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Jun 18, 2012, 06:16 PM
    Quote Originally Posted by vrleshin View Post
    my son signed a hand written paper and had it notorized giving his son's mother full custody. He did so because she said that was the only way he would see the boy. Will this hold up in court, did he sign his rights away?
    No... no way, not going to happen, NEVER going to happen... not even on the next cold day in hell.

    Only a court can do that.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 18, 2012, 06:17 PM
    No it will not hold up in court. A person cannot sign away their rights.Only a court can terminate rights. He needs to file a petition in court for joint legal custody and visitation.

    If she brings up this document, he tells the court she coerced him to sign using his child against him.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jun 18, 2012, 06:21 PM
    Quote Originally Posted by ScottGem View Post
    No it will not hold up in court. A person cannot sign away their rights.Only a court can terminate rights. He needs to file a petition in court for joint legal custody and visitation.

    If she brings up this document, he tells the court she coerced him to sign using his child against him.
    Agreed, but for your information, the facts that it's hand written or notarized don't make any difference one way or the other. It could be engraved on a golden tablet, witnessed by every member of Congress and the College of Cardinals, and still not worth the material it's written on.
    vrleshin's Avatar
    vrleshin Posts: 2, Reputation: 1
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    #5

    Jun 18, 2012, 06:22 PM
    OMG thanks guys, he is so torn wants to do the right thing. She is planning on getting married and I think he should get a lawyer before this happens. He is a good dad, moved from Ca to Mo to be near the 6 year old boy. I am just the grandmother. They were 19 when they had the child so he is listening to her and dancing to her tune.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jun 18, 2012, 06:29 PM
    First the paper he should be signing is one from an attorney filing a motion in court for visitation. He needs a court order that says when he can visit, and if she does not obey she can be taken to court. He needs to tell the court he was black mailed to sign that paper or he could no get to see the child.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jun 18, 2012, 06:29 PM
    Quote Originally Posted by vrleshin View Post
    OMG thanks guys, he is so torn wants to do the right thing. She is planning on getting married and I think he should get a lawyer before this happens. He is a good dad, moved from Ca to Mo to be near the 6 year old boy. I am just the grandmother. They were 19 when they had the child so he is listening to her and dancing to her tune.
    Yes he should get an attorney. He needs to establish himself as the legal father before she gets married.
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