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Active Questions

Can a mother get her rights back after signing them over?
Family & Parenting / 7:04 PM - Wednesday September 16, 2009

Can a mother get her rights back after signing them over?

The mother of my child signed over her right to me because she said it was to much for her life right now to cut it short. I now have him and he is going to school and loving life now. I'm not a bad father, so when she wants to see him, I let her as long as he wants to. He's 2 going on 10, lol, and he says that he doesn't want to talk or see her. Well now she wants him back, can she? The only thing that makes me look bad is that I have unpaid child support that I'm trying to pay off. I just think that it's messed up that know she wants him back. Now, I have always wanted a family so sharing my son is out of the question. When I was already doing that with her but I don't want that now, SO CAN SHE?

- Asked by kingcruz1, A Father Figure, Male, 29-35, St.Louis

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A kid isn't a used toy you can return and take back when you feel the urge. Since she already gave her rights up, I am sure it would be hard to get them back. Go to Friend of the Court and get some legal advice.

- Response by debski, A Career Woman, Female, 36-45, Detroit, Science / Engineering

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What do you mean by signing over her rights?

Do you have full legal and physical custody of him? Is she ordered to pay child support? If not, then most likely she LOST her rights to him.

Every state is different, so you need to talk to an attorney. You must have used one when she signed over rights to your son.

- Response by myndseye711, A Cool Mom, Female, 29-35, Managerial

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Only a court can look at the whole picture here and judge if she should be allowed back into her son's life. Start having people who can back up your claims of allowing her access to your son. Keep proof that you are paying off that back child support etc.

Personally if it was me I wouldn't give it to her. I don't have too much time for a woman who has children and abandons them...and I am NOT referring to women who give them up for adoption, that's a whole different issue.

- Response by oneirishwitch, A Married Girl, Female, 56-65, Artist / Musician / Writer

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Take your divorc "settlement" and see a divorce or family law attorney to see what your rights really are. Being in arrears with child support won't help your cause, but you are trying to work that out, so that should count for something.

- Response by pushkins, A Thinker, Female, 66 or older, Miami, Who Cares?

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Possibly. Leave that to the family courts to decide. So, get yourself a family law attorney to sort this out and if you want to keep full physical/custodial custody you'll have to fight for it. The fact she dropped him off with you because the child didn't "fit" into her life at the time is a big strike against her. Secondly, the child doesn't want to talk/see her is also in your favor as the courts do what is in the child's best interest. Be ready for a fight and a possibly dirty one from her.

- Response by msadvise, A Thinker, Female, Who Cares?

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I'm pretty sure once you've signed over your rights you can't get them back. You may need to talk to someone at the courthouse to make sure but I'm fairly certain that it's final when you sign them over.

- Response by misskitty420, A Cool Mom, Female, 29-35, Student

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It completely depends upon what you mean by "signed over her rights." There is a distinction between/among legal custody, physical custody, and guardianship/power of attorney. Each one has different legal ramifications. So . . . I cannot give you a definitive answer without more information.

- Response by carinabay, A Cool Mom, Female, 46-55, Lawyer

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probably not unless she has a ton of money to spend on it

- Response by bigcurt, A Mr. Nice Guy, Male, 56-65, Pittsburgh, Self-Employed

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i have the same promblem i gave my rights up and now im trying to get them back every parent makes mistakes every parent is not perfect

- Response by A Thinker, Female, 29-35, Detroit

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If she signed over her rights she gave up any right to custody "for life".

Too bad, so sad.

- Response by bookman, A Guy Critical, Male, 56-65, Who Cares?

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almost impossible. it would take the court the presentation of a great deal of very contrary evidence about the worthiness of the custodial parent or foster parent before they would even consider it.

- Response by two469, An Alternative Girl, Female, 18-21, Seattle, Science / Engineering

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you are the child's parent. she could get him back if there is something that you are doing wrong with him.
I doubt it seriously.
she gave up all rights to him and it was made law by the courts.
fight it!

- Response by amandasboy, A Father Figure, Male, 66 or older, Atlanta, Retired

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If she legally signed over her rights (terminated her parental rights) to you she is no longer considered the child's legal parent and it is permanent. So no she cannot.

- Response by silver75, A Thinker, Female, 36-45, Stockholm, Other Profession

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If she terminated parental rights than she has no rights at all as a parent...biological or otherwise. She would have to pay a lawyer and petition to reopen the file and still would be unlikely to have the decision reversed. It won't matter if you owe back child support to someone else. If she attempts to get her parental rights back you can fight that....make sure you get a lawyer if that occurs and go to all the court appearance.
In the meantime start carrying a journal fjor the contact information on all the people who have had contact with your son since she terminated parental rights. These people will be able to write a letter regarding how your son is doing and have that notorized should you ever need to go to court. If you have a long term committed gf and you were to marry her...then have her adopt your son. That would effectively and permanently put an end to this matter.

- Response by joybird, A Creative, Female, Who Cares?, Therapist

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