how to get parental rights back

Re: how to get parental rights back


Since you state that her parents eventually adopted the child then she most certianly did sign.

Your friend has his answer from the lawyer he spoke to. There have been a handful of cases where people have gone to court and had adoptions reversed but doing so would be extremely expensive and the odds of such a suit coming out in his favor are extremely slim IMO. The "best interests of the child" usually win out in these types of things and I can't see a judge ordering the child removed from the only family it's ever known to go live with someone the child has, at best, only a passing knowledge of.

Fishin is right and I can't understand why you friend would want to put his child throught this in the first place! The child is 7 years old and even if he was able to get his child back, he ovbiously hasn't a clue as to how devistating it would be to rip a 7 year old child from the only home he's ever known. What is he thinking??? He signed over his rights and his child was adopted, so tell him to leave well enough alone. If he feels anything at all for the child he gave away, then he'll drop it.

Jesus, this really ticks me off!

What is your friend's rationale for wanting this child, now, after all these years? A son isn't property that can be put in storage, and then retrieved at the whim of the owner.

I would strongly suggest that the man stop this exercise in futility. As fishin said, no judge, in his right mind, would take a 7 year old child from the only family that he has known, and place him with a stranger. If the adoption was completely legal, that father has no rights at all.

Even if the child is never given to the father, why put him through the anxiety of court proceedings? If this father has an ounce of compassion in him, he would forget about the entire idea!

I got one right finally?!? Woohoo!

LOL Fishin! Don't you know that I tend to agree with you 99.99999% of the time ;-)

thanks
that was another conversation that we had to. His son is 7 and that would be devestating but the thing is his son knows all about him and he was in his life until the grandparents moved away and stoped returning his phone call (which was when he was 2-3 years old) . I guess there is more to the story that i did not mention that would make you think different.

It seems like there would be room to have some sort of limited visitation without full parental rights -- I agree with everyone else on that part.

Did the lawyer visit happen before or after the grandparents moved and stopped returning phone calls?

Listening......

It actually doesn't change anything. Your friend gave up his legal rights to his child and there is absolutely nothing he can do about it. Also, the fact still remains that he hasn't seen his son since he was 2 or 3, so the odds are that the child doesn't remember him much, if at all. Either way, your friend made a choice to give up his son when he was born and since the boy was adopted, there's nothing he can do. The best thing he can do for the child is nothing. No one forced him to give up his child. He thought it was best and there's no turning back now or ever. Phoenix hit the nail on the head when she said that the child is not a piece of property that can be put in storage until years later when you decide you want take it out.
He doesn't have a legal leg to stand on, so sadly for him, he will have to live with the choice he made 7 years ago.

Welcome to A2K by the way :-D

Oh boomerang, I pray to God, that nothing will ever
come between you and Mo.

As for the 7 year old boys father, he relinquished his
rights and this is binding in any court of law. In order
for the grandparents to adopt the boy, the mother's
signature would have been required as well. Since
it was a legal adoption, the court had all necessary
paperwork and found it to be valid.

The father cannot make any claims for the child,
he only can appeal to the adoptive parents to grant
him visitation rights.

Soz, it wouldn't happen. He gave up his rights and since the grandparents are not returning his phone calls, obviously they don't want him involved with their child. That's their right and he doesn't even have visitation rights. Right or wrong, I tend to assume that the grandparents had a reason for citting off the relationship with the father.

I'm thinking of cases where grandparents were given the right to see their grandchild, seems like it could be similar.

I know nothing about the legalities, that's why I asked whether the lawyer already addressed the current situation. If so, there's your answer, if not, ask now.

Again, my comments are about visitation rights only, not custody.

I knew what you were saying Soz, but I believe it's a whole different ballgame when a parent signs over their rights. You're right though. He should talk to a lawyer.

Thank you, Calamity Jane. Me too.

I'll just add this little comment:

It seems to me that a lot of people give lip service to "when I get my kid back blah blah blah" but they do absolutely nothing to make that happen.

In my experience, men do this more than women.

In my rather cynical view, it draws women's attention to them and they get the poor poor pitiful you vote. I think they use their valiant pronunciations of fatherhood to get laid, or something.

He signed away his rights to parent this child. End of story.

Yup!