Regaining parental rights

J

Jlsikes

New Member
Jurisdiction
Georgia
Is it possible for my ex-husband to regain parental rights of our son after he voluntarily surrendered his rights 2 years ago? We divorced 3 years ago and he surrendered his rights the year after to stop child support. Both took place in Georgia.Thanks in advance for info!
 
Restoration of parental rights is possible in Georgia.
Reinstatement of parental rights in Georgia isn't possible.
Possible doesn't mean probable.


Every State has statutes providing for the termination of parental rights by a court. Termination of parental rights, which can be voluntary or involuntary, ends the legal parent-child relationship. Once parental rights have been terminated, the child is legally free to be placed for adoption.

Approximately nine states have legislation in place that allows for the reinstatement of parental rights (Georgia isn't one of those nine states) following termination of parental rights. If a permanent placement has not been achieved within a specific timeframe, a petition may be filed with the court requesting reinstatement of the parent's rights. If the court determines that the parent is now able to provide a safe home for the child, the request may be granted. The laws were developed in response to children who were aging out of the foster care system and re-establishing ties with parents and family members.

Frankly, what he is asking about will be very expensive, take months, if not years, and the positive result is highly unlikely.

I suggest he see a family or domestic relations lawyer in your county.

Without a lawyer it's impossible.
With a lawyer, the odds might be one chance out of 100,000.

Reinstatement of Parental Rights in Georgia
 
I doubt that very seriously. I suggest you take your paperwork to a local attorney and have them verify what you're saying. More than likely, Dad's rights were NOT terminated, he and Mom simply agreed that he would not have visitation/custody rights and she would not seek child support.
 
Ma'am, if every parent who didn't want to pay child support could get their rights terminated, there would be a lot of children without a second parent on their birth certificate. It is in the State's best interests NOT to terminate the rights of any parent unless there is a provable risk of a child being endangered by their parent; if the custodial parent ends up on the State dole, the State wants to be able to go to the other parent and collect the monies owed the State's taxpayers.

You really need to go and ask your attorney what exactly the paperwork says; I have a feeling that Dad's rights were NOT terminated, that the agreement was stipulated as I said before and Dad still has rights to file for visitation, just as you can still file for child support.
 
Jlsikes said:
View attachment 908 View attachment 909
Here are the papers I received from my attorney about the termination
Click to expand...

Yes, you appear to be correct in your assertion that dad's parental rights were voluntarily terminated.

Dad's responsibility to pay child support to you was also terminated.

I suggest you and dad consult attorneys before you trod down this path.

There are potential landmines that could destroy each of you.

I suggest you let the sleeping dog slumber.

It isn't smart to open this can of worms.

Why?

Fraud for one, and all of her very vile kin.
 
I don't want anything to change. He's threatening to take our son away from me by going back to court to get his rights reinstated. I was told that this was permanent when the paperwork was filed but he is a cop and so it always makes nervous when he starts things like this.
 
Jlsikes said:
I don't want anything to change. He's threatening to take our son away from me by going back to court to get his rights reinstated. I was told that this was permanent when the paperwork was filed but he is a cop and so it always makes nervous when he starts things like this.
Click to expand...


Stand your ground, ma'am.

If I were you, I'd simply CEASE all communication with him.
He's a cop, so what?
He's also a deadbeat that abandoned his child, admitted it open court to have his paternal rights removed.

I suggest you stop communicating with the bum.
If you aren't listening to his threats, you won't get bamboozled again.
If he continues to pester you, document his contacts, and seek an order of protection for harassment or stalking.

Stop living your life in fear.
He's just a bum and deadbeat with a little, shiny badge.
 
You need to do nothing until he acts. In mean time (as suggested) ignore his contacts. If he continues get order mentioned I doubt he wants to jeopardize his career over this
 
Jlsikes said:
Thanks for the feedback. I will definitely stop all communication with him.
Click to expand...

If he continues to bother and badger you, file an order of protection with your local police agency and the court.

You have SOLE LEGAL CUSTODY of your child.

That deadbeat bully has NO reason to ever contact you under any circumstances.

You might want to ask your lawyer how you can use the law to keep this deadbeat bully away from you.

I suggest you read about protections available to you:

http://www.americanbar.org/content/...kingHarassmentCPOChartJune07.authcheckdam.pdf

WomensLaw.org | Georgia: Stalking Protective Orders

Georgia

Stalking as Basis for Temporary Protective Order in Georgia - Avvo.com
 
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