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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I was tricked into signing the rights over to my daughter by

Customer Question

I was tricked into signing the rights over to my daughter by a preacher that I was living with in Paoli, IN by being told that they were papers for the church that he preached at. The preacher and the daughters father had been talking and trying to come up with a way that I would be out of her life for good. I have been trying to find my daughter and ex-wife for the last 3 1/2 years, and just recently located them. Now she is telling me that those papers that I signed were for the rights of my daughter and there is nothing that I can do because she was adopted by her husband before she was a year old, and no longer carries my name. Is there anything that I can do about this situation? I made sure that I paid my child support and even set her gifts and other items that my daughter could use. Please help me, I would like to be able to be in my daughters life. Thank you so much.

Sincerly,
Joshua L. Hoover
Submitted: 5 years ago.
Category: Family Law
Expert:  LawTalk replied 5 years ago.
Good afternoon,

I'm sorry to hear of your dilemma.

Those papers that you signed, unless they were approved by a court and filed with the court, are worth nothing. However, if you signed consent papers in an adoption case, you will need to convince the court that you were misled as to the nature of the papers.

SIgning your name to a document that says you relinquish control of your child is not enforceable in court.

You need to file and action with the court seeking custody/visitation of your daughter. The court will grant you custody/visitation and will also set the amount of child support that will need to pay your daughter's mother.

I wish you well.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 3 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
So I can go back to court and get the rights back to my daughter?
Expert:  LawTalk replied 4 years ago.
Good evening Mr. Hoover,

I answered your question 8 months ago. I explained what you needed to do at that time. My answer was correct, yet you failed to Accept my Answer and I was not credited with having answered your question then. Is there a particular reason that you have asked me this new question?
Customer: replied 4 years ago.
I just now got the answer that is why I asked that other question. Sorry about that.
Expert:  LawTalk replied 4 years ago.
Good afternoon,

Based upon your contention that your were tricked into signing a document which resulted in the termination of your parental rights, yes, you may petition the court to set aside the judgment of termination based upon fraud. It will not be an easy road and will likely be all but impossible without the assistance of a seasoned family law attorney and perhaps a skilled private investigator.

I wish you the best in your quest for justice.

Doug

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