Reversing a 5-year Voluntary Consent to Relinquish Parental Rights

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Inkognegro

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Jurisdiction
Oklahoma
Hi, I signed over my parental rights back in 2016 for my younger 4 children.

The case opened because I was with a woman who had a 3-month-year-old child that passed away from SIDS in his playpen. I wasn't involved with DHS until we had our child together 9 months after her 3-month-old passed away.

Mother was considered a threat of harm at the time until the autopsy results came back exactly one year later after the death date. When our child was born, CPS attempted to come in and inform us that she was going to a foster home from the hospital. I simply asked the caseworker why I wasn't being considered as a place to go home to if I wasn't part of her case and I am the biological father by acknowledgment of paternity. The caseworker turned things around and said that she would have to come to my home and inspect it and interview everyone in the home. She came and everything was clear. She set me down to talk to me and she asked me what my future plans were. I told her that my first child doesn't have biological siblings so I wanted to continue to have children with the woman I just had a daughter with so that my daughter could have biological siblings.

The caseworker manipulated what I said and told the court that if CPS gave me my daughter, that I admitted I would have her around her mother who was considered a threat of harm and I was charged with failure to protect and neglect, forced to quit college causing me to withdraw early and owing a $3,000 debt, and gave me an ISP plan.

This case went on for 3 years..

We continued to have kids during this time, a set of twin boys and another daughter. Though I was completing everything on my ISP as instructed, mother was having a hard time completing her ISP because she was still grieving over the loss of her kids. There was no domestic violence or drugs of any kind related to my case, just the charges of failure to protect and neglect.

CPS never updated the juvenile court with my accomplishments on my ISP and they got scolded by the judge a couple of times for this. It came to a point to where they motioned to terminate my parental rights, I chose to take it to jury trial, and they set a mediation.

I was told I was going to be able to sit down and have one-on-one time with the judge and provide my accomplishments to her.

Instead, they took me to an annex building outside of the courthouse, a trailer actually. The judge was not available that day and they had another woman replacing her spot and she was not a juvenile court judge. I never even got the chance to submit my accomplishments because the topic transitioned immediately to signing over my parental rights.

From the beginning I firmly told them "no I want to continue to take it to trial."

My appointed attorney kept calling for a break, so she could take me outside to convince me to sign over my rights. She did this three times, and on the third time she gave me an ultimatum. She told me that if I lost my trial and my rights were terminated for my youngest four kids in the case, that I would also lose my parental rights to my first born son who had nothing to do with the case... She told me if I signed over my rights for my youngest four kids that I could still have parental rights for my first born son. She also informed me that natural mother had already signed over her rights.. me and natural mother did not have the same attorney and I don't think she should have been telling me that.

The foster parents lied and said that they would make my kids Facebook accounts and email accounts so that I could watch them grow and keep in contact.. I haven't heard from or seen my kids since then.

Cornered and pressured, I signed over my parental rights. I spent the next 7 days typing up a 14 Page letter and I sent it to my appointed attorney telling them that I had made a mistake and that I want to take away my signature.

I was never responded to and the adoption process continued until it happened.
 
I'm aware of the statutes of limitations and I'm also aware of the discovery rule...

With the discovery rule, on the account of fraud, a petition for this can be brought up at any time and the statutes and limitations don't start until the fraud is discovered.

My first claim is that they had no legal grounds to charge me with failure to protect and neglect for a child that I have never had living with me nor in my custody. I was never even given a chance to parent my daughter to even prove these allegations to be true. Without evidence, how did they get away with this ?

My second claim is that I signed that voluntary consent agreement clearly under duress by coercion... When I told them no the first time, that should have been that... Instead they would not accept my answer and continue to manipulate me and give me ultimatums, basically forced me to sign the voluntary agreement. It damn sure wasn't by my free will, I felt disgusted and less of a parent signing it.
 
Lastly, my third claim is the nature that it happened. My local laws say this about process and procedure of voluntary consent agreement to relinquish parental rights :

10A OK Stat § 10A-1-4-904

B. The court may terminate the rights of a parent to a child based upon the following legal grounds:

1. Upon the duly acknowledged written consent of a parent, who voluntarily agrees to termination of parental rights.

a. The voluntary consent for termination of parental rights shall be signed under oath and recorded before a judge of a court of competent jurisdiction and accompanied by the judge's certificate that the terms and consequences of the consent were fully explained in detail in English and were fully understood by the parent or that the consent was translated into a language that the parent understood.

b. A voluntary consent for termination of parental rights is effective when it is signed and may not be revoked except upon clear and convincing evidence that the consent was executed by reason of fraud or duress."

...Looking at and reading "a." of the citation provided, it states :

"a. The voluntary consent for termination of parental rights shall be signed under oath and recorded before a judge of a court of competent jurisdiction;"

Now I'm asking for clarity.. does this mean, the consent agreement should have been signed in front of a judge and in a courtroom?

There was no oath revised, we were not in a courtroom, and I don't believe the woman who was replacing the judges attendance was an actual judge.. after 3 years of going in and out of that Courthouse, I'm pretty familiar which judges are at that Courthouse.. there was only three or four.. and this lady was none of those people.

Was this even processed by law as it should have been ?

As I sit back and look at everything and put all these puzzle pieces together, the picture tells me that I got screwed by CPS and the juvenile court system here in Oklahoma...

First they took my daughter away from me and caused me a great deal of financial and education hardship...

Made it as if I never completed anything in my ISP and motion to terminate my rights because of it...

Knew they weren't going to win the trial so they called a fake "mediation" to drag me and mother in to a back room to coerce and manipulate us to sign over our rights...

As far as I'm concerned, nothing was done by the book.. and I'm sure it was with malicious intent.. isn't that fraud ?

My first step is going to the juvenile courthouse and requesting copies of every piece of paperwork that was in relevance to that case...
 
Cornered and pressured, I signed over my parental rights. I spent the next 7 days typing up a 14 Page letter and I sent it to my appointed attorney telling them that I had made a mistake and that I want to take away my signature.

You admit to signing away your parental rights.

Voluntarily relinquishing your parental rights is a far different matter than having a court terminate, as in adjudicate your rights away.

However, it can't hurt to speak to three or four family law arttorneys in the county where you reside.

Most attorneys offer an initial consultation at no cost to you, other than your time.

Seeking a copy of the court record is also a wise choice.

Good luck as you seek to understand your legal issues.
 
You admit to signing away your parental rights.

Voluntarily relinquishing your parental rights is a far different matter than having a court terminate, as in adjudicate your rights away.

However, it can't hurt to speak to three or four family law arttorneys in the county where you reside.

Most attorneys offer an initial consultation at no cost to you, other than your time.

Seeking a copy of the court record is also a wise choice.

Good luck as you seek to understand your legal issues.
Of course I admitted to signing the form but I'm also saying that I didn't sign it by my free will...

If they would have asked me once and if I would have willfully agreed to do it that first time then this consent would be valid.

However they did not accept no for an answer and they did not accept that answer three times before I felt I was being given an ultimatum to sign it.

Not only that, but this was not done in a courtroom, it was not done in front of a judge who was under oath, there was no court reporter to record it..

My state statutes state that that is how it's supposed to go.. not the way things went.

These people knew that I was going to win the trial and they did whatever they could to stop me from going to that trial.

Simply put, the voluntary consent is invalid because I was coerced to sign it and I signed it under duress.

Was even told not to even come back for the review hearing so that I could discuss the consent agreement with the judge. In my state, when that happens, and you fail to appear for that review hearing with the judge, your signature is presumed and they move along with the relinquishment of your rights.
 
You will really need an attorney to assist you in this matter. I suggest calling the state bar assoc and asking for several referrals to Attorneys that specialize in this type of CPS cases. Have a consultation with each of them to determine which is best for you.

Oklahoma Bar Association
I would love to have a lawyer assist me, however I cannot afford a consultation yet alone even full services...

I won my case against Child Support Services that I represented myself into and through to the end. I now have full-time custody of my son and there is no child support order because of my self representation.
 
10A OK Stat § 10A-1-4-904(B.)(1.)(a.)(b.)

B. The court may terminate the rights of a parent to a child based upon the following legal grounds:

1. Upon the duly acknowledged written consent of a parent, who voluntarily agrees to termination of parental rights.

a. The voluntary consent for termination of parental rights shall be signed under oath and recorded before a judge of a court of competent jurisdiction and accompanied by the judge's certificate that the terms and consequences of the consent were fully explained in detail in English and were fully understood by the parent or that the consent was translated into a language that the parent understood.

b. A voluntary consent for termination of parental rights is effective when it is signed and may not be revoked except upon clear and convincing evidence that the consent was executed by reason of fraud or duress.
 
Based on your description of events, neither is true from a legal perspective.
I didn't plan on signing over my rights, and I told them "NO, I WANT TO CONTINUE WITH THE TRIAL."

How doesn't coercion and duress fit that description or legal perspective ?
 
I didn't plan on signing over my rights, and I told them "NO, I WANT TO CONTINUE WITH THE TRIAL."
You said that right until the point that you changed your mind and signed the document.

How doesn't coercion and duress fit that description or legal perspective ?
Look up the legal definition of both, then come back if you have further questions.
 

This Oklahoma attorney explains perfectly how the process is supposed to go...

He says it starts with a parent and their attorney discussing it and answering any questions the parent may have. After this, the parent goes to court, in a courtroom, goes over the same rules and questions with the judge, and a court reporter to record the consent for the judicial record...

Wouldn't anything outside that scope be considered invalid consent ?

In my case, there was no judge, no oath, no reporter, and no courtroom...how is that legal ?
 
You said that right until the point that you changed your mind and signed the document.

Look up the legal definition of both, then come back if you have further questions.
I never said I "changed my mind and signed it".. you're putting words in my mouth.

I said I felt cornered and pressured to sign something I didn't want to sign.

Two different meanings and scenarios...
 
You said that right until the point that you changed your mind and signed the document.

Look up the legal definition of both, then come back if you have further questions.
I know the meaning of coercion and duress lol not that hard to learn and understand...

Coercion means "coached"...

and Duress means "against free will"

However if you want to get technical, Title 15 of the Oklahoma Statutes say any and all contracts/consent agreements are void if the agreement is signed by coercion, manipulation, undue influence, and under duress...

This voluntary agreement to relinquish parental rights falls under that statute as well, being a voluntary contract agreement.
 
I'm here to receive legal advice...that doesn't mean I'm clueless of the law, process, or procedure, or must accept any answer, especially if I know what im being told is wrong

This thread is closed.

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