Regaining parental rights

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Latest post Mon, Jan 18 2016 5:35 PM by Drew. 22 replies.
  • Wed, Jan 13 2016 8:01 PM

    • Jlsikes
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    Regaining parental rights

    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!

  • Thu, Jan 14 2016 1:22 AM In reply to

    • DOCAR
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    Re: Regaining parental rights

    If a court did not terminate his rights, they were not terminated and there is nothing to reinstate.  Generally a court will not terminate a parents rights, simply because he wants to stop child support, unless the child is adopted at the same time the rights are terminated.

  • Thu, Jan 14 2016 6:08 AM In reply to

    • Jlsikes
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    Re: Regaining parental rights

    His rights were terminated for abandonment. 

  • Thu, Jan 14 2016 6:24 AM In reply to

    Re: Regaining parental rights

    I am not a lawyer.

    However, I would be really surprised that a father/mother would be relieved of child support because of abandonment.  I just am having a difficult time believing the court system would say, ok, the father abandoned his child, we will just waive his child support obligation, take away his parental rights, thanks for coming.

    If it were that easy, I should think there would be many men and women out there owing child support that would simply abandon their children to get out of paying child support.

    I only know what your post states and again, I'm not a lawyer.

     

     

  • Thu, Jan 14 2016 7:05 AM In reply to

    • Jlsikes
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    Re: Regaining parental rights

    Ok thanks then

  • Thu, Jan 14 2016 9:57 AM In reply to

    Re: Regaining parental rights

    Jlsikes:
    Is it possible for my ex-husband to regain parental rights of our son after he voluntarily surrendered his rights 2 years ago?

    What exactly do you mean when you say "he voluntarily surrendered his rights"?

     

    Jlsikes:
    he surrendered his rights the year after to stop child support.

    It is not legally possible for a person to "surrender[] his rights" in order to avoid child support, so you're going to need to explain what exactly happened.

  • Thu, Jan 14 2016 9:58 AM In reply to

    Re: Regaining parental rights

    Jlsikes:
    His rights were terminated for abandonment.

    By a court?

    In your original post, you wrote that "he surrendered his rights."  So...which is it?  Did he surrender his rights?  Or did a court terminate his rights?

  • Thu, Jan 14 2016 10:04 AM In reply to

    • Jlsikes
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    Re: Regaining parental rights

    I just meant that CPS was not involved. The courts terminated his parental right due to abandonment

  • Thu, Jan 14 2016 11:15 AM In reply to

    Re: Regaining parental rights

    Generally unles sthe child is being adopted the courts dont totally terminate rights. The state needs some recourse in case you go on assitance and that would leave tax payers paying for the kid. If he doesnt want to see the child then fine, but generally he still pays support.

  • Thu, Jan 14 2016 11:16 AM In reply to

    • Jlsikes
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    Re: Regaining parental rights

  • Thu, Jan 14 2016 11:21 AM In reply to

    • Jlsikes
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    Re: Regaining parental rights

    I'm trying to post copies of the paperwork I have but it doesn't seem to be working

  • Thu, Jan 14 2016 1:39 PM In reply to

    Re: Regaining parental rights

    Jlsikes:
    The courts terminated his parental right due to abandonment

    I can't say for sure with respect to Georgia, but the termination by a court of a person's parental rights is generally a permanent thing (subject to the person's right to appeal the court's decision, which is something that has to be done very shortly after entry of the judgment).

  • Thu, Jan 14 2016 3:24 PM In reply to

    • CJ
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    Re: Regaining parental rights

    I don't think you can upload pictures of paperwork on this site.  If you can just type in what the court papers state then maybe the folks here can offer more insite.  

    What you're saying is that only one year after your divorce, your ex was allowed to willingly give up all legal rights and responsibilities to your son?  And this was completely so that he wouldn't have to pay child support? But you also stated that the cause was abandonment.  So if that's the case then it wasn't "willingly". Although one year seems REALLY fast.  

    I do however agree with everyone else that it's odd for a court to rule to remove rights to a child when there isn't a step parent ready to adopt.  Was there criminal issues with your Ex?  Prison? Non-Custodial parents don't get to just give away their kids because they don't have to pay support.  He could loose his visitation due to abandonment but generally not the reponsibility to help financially support a child he brought into this world. 

     

     

  • Thu, Jan 14 2016 9:48 PM In reply to

    • Jlsikes
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    Re: Regaining parental rights

    ORDER TERMINATING PARENTAL RIGHTS

    The Petition for Termination of Parental Rights was filed by the Mother on and the Father acknowledged service and summons of said Petition on December 10, 2013

    Due to the age of the child and since the child resided witll one of the parents, the Court waived the requirement of a court appointed attorney for the child.

    The Court having reviewed the pleadings, makes the following findings of fact and conclusions of law:

    FINDINGS OF FACT AND CONCLUSIONS OF LAW

    The minor child, was born on December 22, 2011. The parents of the child were divorced by Final Judgment and Decree, filed on August 5, 2012, in Civil Action No. 13HV212H, , Georgia, and pursuant to said Decree, Mother was awarded joint legal and primary physical custody of the minor child subject to the Father's regular visitation on alternate weekalds from Friday at 6:00 p.m. until Sunday at 6:00P.m.

    The parents live a significant distance apart and due to the long distance between the parties and Father's work schedule, the Father is unable to exercise his visitation with the child on a regular basis causing instability in the child's life.

    The Father visited the minor child in October 2012 for approximately three (3) hours when the Mother took the child to the Father's sister's residence. The Father visited the child on June 21, 2013, for approximately two (2) hours when the Mother took the child to Augusta to visit the paternal grandparents. The Father has never visited the minor child in Hartwell, Georgia.

    In considering whether to terminate the parental rights of the father, the Court must first determine whether one of the statutory grounds for termination has been met and if so, the Court must then determine whether termination is in the child's best interests. OCGA 15-11-310.

    Based on the foregoing, the Court finds by clear and convincing evidence, the following statutory grounds

     for termination of parental rights exist:

    1. The Father has given written consent to ternination which has been acknowledge by the Court.

    2. The child has been abandoned by his Father as evidenced by the Father's failure, for a period ofat least six months, to communicate meaningfully with the child; and the Father' s failure, for a period of at least six months, to maintain regular visitation with the child.

    After considering the following factors, the Court finds by clear and convincing evidence that tennination of the Father's parental lights is in the child' s best interest:

    I. The child is attached to the Mother and the Mother's family who have played a major role in loving, supporting and raising the child;

    2. The child has a stable home and family life;

    3. The child needs permanency which he now has and will continue to have with his Mother and maternal relatives; and

    4. The child is attached emotionally to the Mother and the Mother's family.

    JUDGMENT

    IT IS THEREFORE ORDERED, ADJUDGED DECREED thatbasedon the foregoing,

    the parental lights of         be and are hereby tenninated.

    Said Order is without limit as to duration and shall divest the Father and his child of all legal rights, powers, privileges, immunities, duties and obligations with respect to each other, except:

    I. the right of such child to receive child support from his Father until a final order of adoption is entered;

    2. the right of such child to from and tlu•ough the Father until a final order of adoption is entered;  and

    3. the right of such child to present any civil action against his Father Notwithstanding the above exceptions, the Mother has agreed not to pursue collection of child support if the Father would voluntarily consent to the termination ofhis parental rights to the minor child.

    IT IS FURTHER ORDERED that permanent legal and physical custody of the minor child shall be and is hereby granted to the Mother of the child.

  • Thu, Jan 14 2016 9:53 PM In reply to

    • Jlsikes
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    Re: Regaining parental rights

    Just posted the court paperwork I have with the names removed. My ex-husband is a cop, so he does not have criminal record. Our son has some developmental delays and requires some extra supervision and therapy and his father was not willing to provide this so I was willing to agree to give up child support to be able to limit his unsupervised access to our son.

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