Father vs. Mother

[Father51]

My wife and I separated in 1991, at that time our daughter was about 3 years old. My wife had me sign and give up my parental rights to the child. I have seen my daughter off and on over the years only when her mother allows. My daughter just recently turned 16 years old. Her mother mistreats her and they fight most of the time. Several times over the past few years, her mother has thrown her out and she has come to stay with my girlfriend and me on several different occasions. This last time, now her mother requested her back and had to return to her mother's house. Now the child wants to live here with us. Since I have no legal rights to her, what legal defense do I have at this time, to make this happen?

 

[seniorjudge]

Q: Since I have no legal rights to her, what legal defense do I have at this time, to make this happen?

A: Hire a lawyer and file for adoption. Sounds like it will long and messy and expensive.

 

[Scooterdog]

My wife and I separated in 1991, at that time our daughter was about 3 years old. My wife had me sign and give up my parental rights to the child. I have seen my daughter off and on over the years only when her mother allows. My daughter just recently turned 16 years old. Her mother mistreats her and they fight most of the time. Several times over the past few years, her mother has thrown her out and she has come to stay with my girlfriend and me on several different occasions. This last time, now her mother requested her back and had to return to her mother's house. Now the child wants to live here with us. Since I have no legal rights to her, what legal defense do I have at this time, to make this happen?

Have you thought about emancipation? She should be old enough. As a Matter of fact, she can choose where she wants to live if you go to court.

 

[Duranie]

First of all why would you do something so foolish, and sign away rights to your child? Just because mom asked you to? Are you sure a termination of rights was actually done and signed off by a judge? Normally this does not happen unless a step-parent adopts. In most cases you just cannot abandon the child. You may not have any court ordered visitation but I am not sure if your rights were in fact terminated.

If your rights were in fact terminated, which means you are a legal stranger to the child, you have no rights and probably cannot do anything until the child is 18.

Emancipation is probably out of the question. She would have to be totally self supporing and meet other criteria, rarely does a child get legally emancipated.

See an attorney if you have any questions.