I sign over my parental rights/now I have them back?

[jasmineciesla66]

4 years ago I lost custody of my daughter to the state of oregon, they made me sign over my parental rights, now the father has custody and I guess from what my lawyer told me I have my rights back. now I would like some type of visitation with her do you think I have a chance for partial custody? the family is willing to let me visit occasionally but I would like more than one weekend a year. I was recently able to visit and she was still very much attached and had even asked me to take her home. I am so torn I am losing sleep over this situation. after the first visit I Called her father he told me this was all too soon and he didnt know where this relationship should go, I have a feeling the girlfriend is getting Involved. that is why im thinking About taking legal action but its been so long I am afraid a judge would just terminate any visitation at all what should I do leave it alone and take what I can get? or take it to court? please help ,sincerely Acielsa

 

[BayState]

4 years ago I lost custody of my daughter to the state of oregon, they made me sign over my parental rights, now the father has custody and I guess from what my lawyer told me I have my rights back. now I would like some type of visitation with her do you think I have a chance for partial custody? the family is willing to let me visit occasionally but I would like more than one weekend a year. I was recently able to visit and she was still very much attached and had even asked me to take her home. I am so torn I am losing sleep over this situation. after the first visit I Called her father he told me this was all too soon and he didnt know where this relationship should go, I have a feeling the girlfriend is getting Involved. that is why im thinking About taking legal action but its been so long I am afraid a judge would just terminate any visitation at all what should I do leave it alone and take what I can get? or take it to court? please help ,sincerely Acielsa

If you signed away your Parental Rights than you are no longer the children's parent. Do you mean visitation rights?

 

[jharris352]

Bay is right. If you surrendered your parental rights you have no standing to demand anything and you should be very glad that you have any opportunity at all to visit your child. I would take what you can get and be very very happy for it.

 

[jasmineciesla66]

Well I may have miss communicated I signed over my parental rights to the state of oregon. when the department of human services went to adopt the child out they had to find the father, he refused to sign over his parental rights and fought for the child. he just recieved custody and the case was closed, my lawyer in the matter said I have my parental rights back becuase there is no such thing as half an orphan, is any of this at all true? I have regreted everyday that I signed those papers so this is like a mircale to me but it seems too good to be true.

 

[jacksgal]

If you do not trust the word of your Attorney consult another

 

[Duranie]

What is the full story here? Why did the state of Oregon take the child from you? Were you abusing or neglecting the child? It sounds like you did have your rights terminated. Not sure what half an orphan means, one parents rights can be trminated while the other gets custtody. Dad did have the right to file for custody as opposed to adopting the child out. If your rights were in fact legally terminated, you have no rights to see the child at all. All you can do is take your paperwork to an attorney.

 

[jasmineciesla66]

well no I was never abusing the child I had gotten in a fight with a girl at school, we said some hurtful things and then 2 days later dhs was at my door with all kinds of alligations. im pretty shure it was her doing, but I was 17 young and scared I tried to fight dhs, but they threatend me and said if I didnt sign over my rights they would terminate them forcefully wich would be worse on my part in the long run. meaning I could never have a child agian. so I willingly signed the papers, know as I said befor the father fought for custody over the last 4yrs and won, so some how this means when I signed the relinquishment papers it never counted. and my lawyer said and I qoute,"you need to send a letter to Dhs saying you no longer relinquish your parental rights, and I no longer represent you", he walked away leaving me with so many questions. like does this mean I get my rights back? thats where im con fused at this point.

 

[jharris352]

Your attorney doesn't know what he is talking about. When you surrendered your parental rights to Oregon the only person who had parental rights is the father. When he refused to sign them over he became the only legal parent and custodian. You could file to restore your rights before a judge, and if your ex didn't object you would likely get them restored. However, if the ex says no you are permanently barred.

Going to the Judge and trying to make your ex do anything at this point is hopeless. Be nice to your ex, whatever visitation he gives you is all you will get. Why on earth would you give up your child in the first place?

 

[Duranie]

I agree, I am confused. Once you terminate your rights, they are terminated. Your attorney is not making much sense. You can play nice with Dad and see if he will allow visits, that is about all you can do at this point other than take all your paperwork to another attorney and see what they say. You do not get your rights back just by sending a letter to DHS, that makes no sense at all. Sorry but I think you have been given some bad info here. Try talking to the Dad first and see if he is willing to allow visits.

 

[jasmineciesla66]

so if I went and got my rights restored does that mean I would be able set up legal visitations, to where the father wouldnt be able to cut me off if he felt like it.?

 

[Duranie]

Maybe but the question is, can you have your rights restored? I doubt it. Afgain take your paperwork to another attorney. If rights were im fact terminated, very doubtful.