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fighting a parental rights termination?

My step son believes he can get his reversed so he can take his kids back from his father and me. They were all legally adopted over a year ago. He voluntarily signed his rights away. The judge would laugh in his face, right?

Update:

He's in prison right now for 8 to 10 more years. Contact with the kids would be unwelcome at best and traumatic at worst. They were taken from their parents by CPS 2 & 1/2 years ago, we got them and fostered about a month after that. The parents had a full year to prove they could take care of them properly and didn't even try. I guess you are right. If the judge was looking out for the kids he would leave them where they are.

7 Answers

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  • 7 years ago
    Favorite Answer

    It's very difficult to overturn a finalized adoption. It's pretty hard to imagine a judge humoring a dad who voluntarily gave his kids up, especially since it implies a lack of seriousness (on your son's part) about the legal system and about his own commitment to parenting.

  • ?
    Lv 7
    7 years ago

    When it comes to the law there is absolutely no way to make a certain prediction.

    The US court system is madness. Judges with agendas do exactly as they please, breaking the law blatantly on a daily basis. No one does anything about it. The same goes for "Officers of the Law".

    America is basically a police state.

    On your side is the fact that it would simply be easier to not revoke the adoption of your grandkids, and it may also make Bad Press. But if the judge decides it makes Good Press, there is a threat that the adoption will be overturned. However, if your step son has a bad history and the kids end up with a Social Service investigation, this would look bad for the judge. The decision about what happens to you, your husband, your step son and the children depends less on the law and more on the personal philosophy and ambition of the judge. Therefore, seek out an attorney who will set the case before a judge who will go your way. If your stepson is serious, this is exactly what he is doing.

    Forget the law. It ultimately rests on the judge who reviews the case.

    So sorry, Grandma6.

  • 7 years ago

    I doubt a judge would laugh. But he'd basically say that he should have thought about this before he gave his kids away. Now they are in a stable home and no judge in their right mind would upset a situation like that. Decisions are always in the best interest of the child,not extended family,not even biological parents.

    Your son can believe whatever he wants. But it would take an extreme case for a judge to even consider giving him any parental rights at this point. Let alone partial or full custody. Because who's to say your step son won't change his mind again in a year. And want to give the kids away. Because they are interfering with his love life or free time. Children's aren't toys that you can just do whatever you want to with. They are real people. And it doesn't seem like your step son gets that.

  • ?
    Lv 7
    7 years ago

    In most adoptions, it cannot be reversed. But, since this was adoption by family members and his rights weren't terminated (he voluntarily signed them away) he does have a chance of getting some kind of visitation and perhaps partial custody if the courts deem him a fit parent. If he has nothing against him (no drugs or anything), then the courts may possibly allow it because many believe that the children should have their biological parent in their lives.

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  • 7 years ago

    A judge wouldn't laugh in his face. He would consider the best interests of the children.

  • 7 years ago

    Do you let him see his children? Does he actively see them or have wishes to see them? If he signed away his rights, the judge will most likely not grant them back to him, however, for what it's worth to him, let him be active in their lives if he is showing interest.

  • ?
    Lv 5
    7 years ago

    Talk to a lawyer.

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