Can A Fathers Rights Be Reinstated If They Were Once Taken Away?
My husband a couple of years ago was served papers to have his parental rights taken away. Basically to sign his rights away. He never showed up for court, so the judge just granted his ex what she wanted.
She changed their daughters last name, and moved. He has tried to contact her to see about seeing the daughter again, but nothing, the mother wants the daughter to be old enough to make the decision on her own if she wants to have a relationship or not with her father.
Is there anything legal he can do to reinstate visitation, or fatherhood? Just wondering,.
- *Continuing the discussion from the original post found here.
He needs a lawyer to go over the case. Many courts will view the no show in court as abandonment.
His best chance is to find some sort of technicality. He can petition the courts but he will need to do it in the state she lives in now (or in the past 6 months).
He has to get a lawyer and try to defend why he never showed up for court when the rights were taken away. If he never received a notice or was incapacitated at the time he needs to show that to the courts. Then he needs to prove why he should have his rights reinstated.
As far as the daughter being old enough to make up her mind, I agree to a point.
1- Has the mother talked to the little girl about her father all these years or did she make up a story as to why he isnt there? How old is the child now?
My son’s father is not really in his life BUT I have never talked bad about him and if my son wanted to see him or takl to him I called his father and then he made the decision. My son is older now and he did make his own choice about seeing his father and if he changes his mind that is HIS choice, not mine. This is a delicate situation and I think this mother should at least consider letting her ex see her daughter and see how that goes then if the daughter wants her dad in her life, reinstate his rights. It’s not fair for one parent to keep another from their children.
usually its extremely hard to get parental rights returned. Legally he is not the father any more.
Yes he can petition the courts to have his visitation rights reinstated. However I must say he will be fighting an uphill battle all the way. First by not appearing in court he may have actually been in violation of the law. Which in cases like these many times is just looked at as NO CONTEST. Meaning the father was signing away his rights by not showing up. On the other hand the judge may send him to jail and fine him for not appearing. Either way not appearing will work against him. * He will also have to show why he wants the visitation, and most likely have to show his character is improved over the not showing up in court issue. I do not feel he was right by not appearing in court and fighting tooth and nail to keep his child in his life. A child is not a toy you put into a closet and only take out when your ready to play with it. * The final thing is the money issue. Has he still remained financially supportive of the child an any way? If not I doubt the courts will side with him, unless he is prepared to start doing so, and to provide past and missed support to the mother. Sorry this isn’t what you want to hear most likely, but I have to be truthful.