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    jbrasel's Avatar
    jbrasel Posts: 1, Reputation: 1
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    #1

    Mar 11, 2014, 01:29 PM
    Signing over parental rights in Missouri but wants visitation now
    Family Law, Mother has signed over parental rights and now wants visitation and hopefully parental rights back in Missouri, what can be done, anything?
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #2

    Mar 11, 2014, 01:52 PM
    Exactly how did she "sign her rights away" anyhow?

    Only a court can terminate them... was the child adopted?
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #3

    Mar 11, 2014, 03:52 PM
    Was the child adopted? If so then she is no longer the legal mother. If her rights were not terminated, and she just wasn't using her rights, she can go back to court to get visitation.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Mar 11, 2014, 05:23 PM
    A court is very unlikely to terminate parental rights just because a parent wants them to. Usually this is only done to clear the way for an adoption. Did you remarry and your wife adopt?

    If not I suggest you read over the court papers carefully. I think you will find that her rights were not terminated, but that she just gave up custody to you without visitation. How long ago did this happen?

    If she just gave up custody, she can go back to court and ask for visitation. You would need to show this is not in the best interests of the child.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #5

    Mar 16, 2014, 11:45 PM
    Quote Originally Posted by ScottGem View Post
    A court is very unlikely to terminate parental rights just because a parent wants them to.
    Title:Child Welfare ManualSection 4:Out of Home CareChapter 26:Termination of Parental Rights (TPR)Subsection 4:Procedures for Pursuing Voluntary Termination of Parental Rights (TPR)Effective Date:May 19, 2006

    4ch26.4: Procedures for Pursuing Voluntary Termination of Parental Rights (TPR) | Missouri Child Welfare Manual
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Mar 17, 2014, 06:42 AM
    "...
    6. A consent is final when executed, unless the consenting party, prior to a final decree of adoption, alleges and proves by clear and convincing evidence that the consent was not freely and voluntarily given. The burden of proving the consent was not freely and voluntarily given shall rest with the consenting party. Consents in all cases shall have been executed not more than six months prior to the date the petition for adoption is filed. " Section 453-030 Approval of court required--how obtaine

    What this essentially means is that the mother is going to have a hard row to hoe.
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