Subscribe

If I signed my parental rights away can I get them back?

I often get questions from overwhelmed parents who feel that, for one reason or another, it would be in the best interest of everyone concerned, if they just give up their parental rights (see my other article for more details on this complex subject).  However, many times the parent later regrets that decision and looks for a way to undo the legal decision that has been made.  The question they ask is: “if i signed my parental rights away can i get them back”?  It is very important to make a well thought –out decision at the outset and be certain that you want to terminate rights because getting them back is most often out of the question.

In New Hampshire, the Courts feel strongly about parental rights being a “natural, essential, and inherent” right as they have stated in a number of cases.  That being said, the Courts will see that you have signed a paper voluntarily giving up the rights to your child, understanding that you accepted it at the time as a final decision.

So, can you undo this?  This is one of those situations where you need an experienced attorney.   It will all come down to your reasons for giving up your parental rights in the first place.  Were you threatened?

Was there undue influence placed upon you by your ex-spouse or anyone else? Were you given false information that prompted you to make the decision?  Has there been a subsequent adoption of the child?  Whatever the reasons, these will need to be detailed out thoroughly with your attorney to determine whether your case falls into one of the unique cases that might be reversed and if a persuasive argument can be made for your case.

Why is this so permanent? Think of it like this.  When you made this change, it affected not only your life and the child’s life.  It also affected those who are caring for the child.  If that was an adopted parent, they now face the uncertainty of losing this child at worst or the emotional upheaval this may cause, depending on the amount of time that has passed, at best.  If it was the person your ex spouse married, there may have been a bond which has been formed between the child and the new “parent”.  The court will be reticent to disturb anything which may have a negative effect on the child.  The court’s number one criteria will always be the best interest of the child.  This is why I always caution and am very careful to explain that this is NOT a decision to take likely and often is one that is regretted.

All that said, sometimes termination of parental rights is indeed the appropriate step for a party.  If you need advice about moving forward or simply need to discuss if this is your situation, I am glad to talk with you.

Contact me online or call me.  I offer free phone consultations and we can discuss your situation to see how we can best approach your situation.

Filing a Protective Order: Preparing to Leave

Filing a protective order is an extremely difficult decision.  It takes a toll physically and emotionally on a person.  After the filing, many decisions still have yet to be finalized.  This article is not intended to override your existing plans regarding self help;...

Re-establishing Parenting Time

In August, I wrote about the Parent that Used to Be Absent.  This is a follow up article to that post about re-establishing parenting time and what to realistically expect when trying to do so. Often I speak with a parent that hasn’t seen their child in a long period...

How do you defeat a prenuptial agreement? (The Bobby Flay Story)

How do you defeat a prenuptial agreement? I’m sure that you’ve seen the latest celebrity news scandal about Bobby Flay and his wife, Stephanie March: Bobby allegedly cheated on her with various women and has now filed for divorce (just after being thrown out of the...

Marital Property: What is it?

Far too often I meet with a client for consultation who is concerned that a certain asset is not a marital asset because it is not “in [their] name.” A client may say “well, we have a home but it is in his name only” or “I don’t have a retirement account, but she...

What Happens to the Family Home in a Divorce?

A large concern during divorce consultation is the marital home. What will happen? Can I stay? Will I be forced out? Can I afford it? How will the Court decide to which party the home is awarded? The answers to these questions will often determine the outcome of other...

Why do I need a Will?

Why do I need a Will? Welcome back to my series on estate planning. In case you are just joining me, I want to let you know that we are mid-series in a string of articles about estate planning. Page back to Why do I need an Estate  and see what you’ve missed and stick...

How to Build Financial Security When Facing Divorce

How to Build Financial Security When Facing Divorce If you see divorce or separation looming in your future, there are ways to plan ahead and build financial security to prepare for what could be a financially difficult time ahead.   Here are some tips for you to...

Delphi Murders Update

May 2021 Update: As we all work to keep this case in the headlines for as many eyes as possible, we often see other arrests that may appear to be similar to the person who killed Abby & Libby.  Those persons will be investigated thoroughly by the local police, the...

Can I sign away my rights to my child?

I am asked the question, "can I sign away my rights to my child" rather often, whether it be asked by the father or the mother of a child. Here’s an example of what I see in my practice: You were in a relationship where a child was conceived and you have been...

Can my husband force me to sell our marital home?

This question is dependent on many factors. The very general answer is that the home will be awarded to one party or sold to a third party.  To decide what will happen, the Court will look to the wishes of the parties (who wants to stay in the home?), the ability to...

2017 Child Support Guidelines – Part 3

In part 3 of our series on the 2017 Child Support Guidelines, we will be addressing child support for children between 18-23 years old and parental contribution to post-secondary educational expenses. If you would like to read about other changes, please see Part 1 -...

5 Appeals Cases To Follow and Why

Although there are a number of high profile wrongful conviction cases in the news, they are still a small percentage of all convictions. The news media would like to have us believe that all police investigations are tainted and that all detectives are on the take...

The New Tax Bill & Alimony

It's a new year and we thought we would start it off with an article about something that's been all over the news for weeks - the new tax bill.  Some love it.  Some hate it.  Some have no idea that there is a new tax bill.  One thing is for sure: there will be...

Can my parents get their money back that they loaned us when we got married?

My parents lent my husband & I money while we were married. I now want to make sure that they get their money back during our divorce. Can my parents get their money back that they loaned us when we got married? Maybe. If your parents lent money to either or both...

Prenuptial Agreements: Why Would I Want That?

It's hard to think that a divorce might happen when you are in the midst of planning your marriage and happily dreaming about the rest of your life, isn’t it?  How do you plan a happy life while deciding what to do if it all goes south?  The problem is that most...

Legal Lessons From a Mistress

The following is from someone who asked to share her story so others could learn from her Legal Lessons From a Mistress. Several years ago I went through a nasty divorce after 17 years of marriage.  At the end of it, I vowed never to allow myself to fall for another...

What Type of Attorney Should I Hire?

This article is part of a series about why it's important to hire an attorney and the reasons behind hiring an attorney.  The purpose of this series is to help you determine the types of situations where a lawyer is most needed and to know when to reach out for...

West Memphis 3 – Reopening of Original Murder Case

UPDATE April 2020: Oxygen Network aired its long awaited show about this case.  It featured Bob Ruff's Truth & Justice working with famed former FBI profiler Jim Clemente and others to re-start an investigation in a manner they believe it should have been done...

I Want to Fire My Lawyer!

If you have every said "I want to fire my lawyer, you are not alone".  Many times during a case it can seem confusing or overwhelming.  If you are frustrated or dissatisfied with your attorney, are not happy with the speed, outcome or method of the case, or are at the...

A Child’s Right to Decide: New Hampshire

New Hampshire: When can my children decide in whose home they want to live? Okay,  New Hampshire readers – I promised you would hear my thoughts on a child's right to decide shortly, so here it is. The law in New Hampshire is different than that in Massachusetts. Read...

Paternity: How can I establish paternity of my child?

If you are wondering how to establish paternity of your child, chances are, you have read up on some of the variety of ways and may have become confused on the right path to take.  There are a number of valid ways you can go about this and there are good reasons on...

Missing Mollie – Trial Update

UPDATE According to the Des Moines Register, a trial date has been set for the man accused of abducting and killing Mollie Tibbetts.  The trial date is set for April 16th, 2019.  He is accused of kidnapping and killing Mollie while she was out for a run.  Updates can...

Protecting Your Children From Sexual Predators

Protecting Your Children From Sexual Predators Over the past few years, we have seen horrible stories pertaining to children who were abused by either those they trusted or others, whom they felt they could trust.  In recent months, the singer R. Kelly has once again...

Who Gets the Engagement Ring?

The contemplation of marriage, instituted by the engagement of the parties, traditionally brings with it an engagement ring given from one to another.  Some have sentimental value:  engagement rings are handed down and are often heirlooms.  An engagement ring may have...

Letting Go After Your Divorce

Divorce can be devastating even when both parties agree. Letting go after your divorce is difficult at best.  It's an emotional roller coaster, particularly when children are involved.  Sometimes, one party has been the "fixer" in the relationship; the one who has...

2021 Update! Still Missing – Maura Murray

March 2021 Update: For those of you following this case, you are probably aware of Tim & Lance's podcast, Missing Maura.  For years, the podcast was its own entity.  Over the years, they began highlighting other cases as well.  To learn about Maura's case, there...

When to seek counseling for your child?

Divorce and separation issues are very hard on children.  Whether parents are starting the divorce, discussing the break up or have already gone their individual ways, children are often assumed to be in the dark about the whole situation.  Nothing could be further...

The Importance of an Appeal

Aaron Hernandez, famed football player who was convicted of murder and later, committed suicide has, once again, been in the news.  You may recall that before his death, his murder conviction was working its way through the stages of the Appeal's Court.  Aaron...

Should You Ask For a Lawyer?

Asking for an attorney, whether you have committed a crime or not, is not only smart - it's YOUR right.  In spite of news media or the way TV portrays our legal justice system, the right to counsel is one of the most fundamental parts of our justice system.  Every...

What Constitutes Parental Abduction?

It's a sickening thought, wondering if your child may be abducted by your ex-spouse and taken without your consent, outside of the court's order, maybe even across state lines. Parental abduction is a form of kidnapping in many states.  But what are your legal rights...

Massachusetts: The Alimony Reform Act

A recent hot topic in family law is alimony. I’m sure a lot of you have heard of the proposed legislation known as the Alimony Reform Act. This Act aims to define, clarify and guide the Courts, and the litigants, regarding certain aspects of alimony. Amongst other...

The Queen Had Soul But No Will

Aretha Franklin, the Queen of Soul, was recently laid to rest.  Her service was like no other in our history.  Musicians from all genres came out to pay respects with praise and song for a women who battled against the odds to become one of the true legends of our...

Appeal a Judgment

I recently came across this article "How to Appeal a Judgment without an Attorney."  Being fairly intrigued, I read the article looking for holes that I could use in writing this post.  However, I must admit, it was well written and it was thorough.  It began by...

Parental Alienation: the Aftermath

In a previous article, I wrote about  parental alienation.  It is one of the most vicious things a parent can do to another parent because it can  destroy the relationship between the parent and their child.  That destruction may begin at an early age or later in life...

What are temporary orders in Massachusetts?

What are temporary orders in Massachusetts? ​When a divorce begins, rarely do the parties consider temporary orders in Massachusetts to be a necessity, however they ask the court for many things.  When the divorce begins, the parties rarely sit in a position to agree...

Wait! We Didn’t Mean to Divorce! Can’t We Get a Do-Over?

During the month of December, the New Hampshire Supreme Court upheld a lower Court’s decision that a couple cannot “un-divorce,” or “vacate” their divorce, by joint motion to the Court. In this particular case, a couple that had divorced after 24 years of marriage...

Visitation: Part 1: What happens if a parent never shows up for visitation?

     While you hate to give up time with your child, you know that the visitation with his other parent is good for their relationship, can be a very positive thing and (let’s face it) is a little break for you. Even if you don’t look forward to that time when your...

Family Vacation After the Divorce

The reality of a divorce or separation often hits families the hardest over holidays and vacation time.  Family vacations may have been where many memories were created over the years.  Now, after a breakup of the family, it's an emotional time since nobody is quite...

Should I Stay Married For the Sake of My Children?

I often see the question posed to me in the middle of a conversation with a potential client, current client or even an acquaintance who knows I practice family law:  should I stay married for the sake of my children?  Should I wait until they are older before we...

Creating an Irrevocable Trust Can Save Your Loved Ones

The words "irrevocable trust" often seem intimidating to many of my clients.  However, when used properly, this can be an effective estate planning tool.   If designed properly, it can prevent an estate from staying tied up in probate for years.  It can help families...

Grandparent’s Rights in Massachusetts

The issue of visitation rights for grandparent’s rights is governed by Massachusetts G.L. c. 119, s. 39D. Grandparents may seek visitation, “grandparent’s rights,” through the Court with their “unmarried minor” grandchildren if: (1) the parents are divorced, married...

Protecting Your Children From Sexual Predators – Part II

In our last post, we wrote about ways you can take precautions to protect your child from sexual predators who are related to the child - either by blood or marriage.  In the second article of this three part series, we will discuss protecting your children from...

Should Siblings Be Separated by Divorce

When a couple divorces, it is difficult on the entire family.  Often it can be most difficult for the children of the marriage.  Depending on the age of the children, someone has to decide where they will live.  Typically, couples split and the children stay together...

What is Sole Custody?

Often people come to me and want “sole custody” of their child.  What does this mean?  Is it often awarded?  Why? How can you convince the Court to award it to you?  Sole Legal Custody in MA:   In Massachusetts, the Court will award “legal” custody, which refers...

The Only Person that can Change a Court Order is the Court!

I come across this issue fairly often, many different contexts, and decided that it was a great issue to discuss here. It is very clear in all contexts. If you are subject to a Court’s Order, that Order remains effective until 1) that order expires or 2) the Court...

If I signed my parental rights away can I get them back?

I often get questions from overwhelmed parents who feel that, for one reason or another, it would be in the best interest of everyone concerned, if they just give up their parental rights (see my other article for more details on this complex subject).  However, many...

Can my wife take my inheritance in the divorce?

Very popular question!  I often get this question - can my wife take my inheritance in the divorce? or can my husband take my inheritance in the divorce? In my experience, most judges look to keep “family money” within a family.  If your parents saved their entire...

Parental Alienation: Divorce and Custody Series

Divorce can have a variety of effects for both parents and children. Children often feel misplaced and at fault so it’s the parents’ responsibility to assure the child that the causes of the divorce were not related to the children at all. Unfortunately, some parents...

Supervised Visitation: The Brad and Angelina Case

Brad and Angelina I’m sure you’ve seen recently that Brad and Angelina have made strides in settling their parenting agreement.  Angelina is maintaining primary custody of the children.  Brad will have “therapeutic visits” with the kids.   Basically, that amounts to...

Should You Date Before Your Divorce Is Final?

You filed a Complaint for Divorce and are ready to move on with your life. Should you date before your divorce is final?  Can dating someone hurt you while you are going through the divorce process? Could dating hurt you at all? Although it is always best to wait...

Pin It on Pinterest