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Voluntary Relinquishment of Parental Rights Question

Discussion in 'Child Custody & Visitation' started by mother4u, Jul 4, 2008.

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  1. mother4u

    mother4u Law Topic Starter New Member

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    Okay, I thought I had no questions but after reading some of the answers to some of the questions I was confused. First off, my husband lives in NM and so did the birthmother of his first child. Yet, during the process of paper work to Voluntary Relinquish His Parental Rights the birthmother and child did move to SC, but we did go to court in New Mexico, My husband was in court in person while the birthmother was on the phone in SC and my husband supposedly still was able to sign his rights over. That was about 6 years ago that my husband relinquished his parental rights. He did so in a haze of hateful treatment and harassment. And a DNA test was taken and he was proved to be the father. Supposedly, my husband legally signed his rights away, yet there was no other legal fathers that took up the rights. Now, you might say that underage had something to do with it, the birthmother was 16 & my husband 21, yet in NM the age for statutory rape is 13. And the birthmother never accused my husband of rape(as far as our knowledge.) And my husband has had no relationship with the birthmother, so he had no history of abuse with her or the child. He had never seen his child and still to this day has never been involved in the childs life.

    My questions are: How with all that was it possible for my husband to legally relinquish his parental rights? And is the court paperwork even legelly binding?
     
  2. jacksgal

    jacksgal Super Moderator

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    You need to ask the Attorney present at the time or hire one. It doe snot sound reasonable that his rights were taken without another man (current husband) willing to adopt.
     
  3. irish223

    irish223 Moderator

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    I can't find anything in the New Mexico Statutes that prohibits TPR without adoption. In most cases, it is considered that the best interests of the child would require the financial support of both parents. That's why TPR is often not allowed without subsequent adoption.

    I did find the following information that may have been applicable in your husband's case. While he may not have been charged with rape, it seems that he did violate criminal sexual law. That may have contributed to the TPR.

    If you have a court order that states his rights were terminated, then they are terminated.
     
  4. mother4u

    mother4u Law Topic Starter New Member

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    Another Question

    I would first like to Thank you so much for the information & for your time as well.

    Second, I am pretty sure our NM laws on underage sexually consent have changed in the past few years. At the time, of the paperwork being drawn up my husband and I did meet with the District Attorney and he did state to us that at that time (6yrs. ago) statutory rape could not effect this case, that my husband had not violated any laws. (Meeting with the DA was our idea and my husband was the one who contacted the DA office to set up a meeting. It had nothing to do with the birthmother or her family.)

    I do have another question: Is it possible for my husband to found out if rape had something to do with the outcome in his case? Or found out anything that could have affected his case?

    I would greatly appreciate any information.
     
  5. mother4u

    mother4u Law Topic Starter New Member

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    Another Question

    First, I would like to Thank you for the information you shared & for your time as well.

    Second, I pretty sure that the laws of underage sexual consent have changed in NM in the past few years. My husband did meet with the District Attorney (about 6yrs. ago) while the paperwork was being drawn up. The DA did state to us that statutory rape could not effect this case and that my husband had not violated any laws. (meeting with the DA was my husband's idea and my husband contacted the DA office. It had nothing to do with the birthmother or her family.)

    I have another question: Is it possible for my husband to found out if rape had any effect on his case? Or what if anything could have a effected his case? We both have looked over the paperwork and can find nothing that would indicate rape in this case. Are we looking in the right place or do we need to be looking somewhere else?

    I would greatly appreciate any information~Thanks!
     
  6. jacksgal

    jacksgal Super Moderator

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    Since your disregarding the information given you saying its out of date perhaps you should go back to DA and ask him?
     

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