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Joseph
Joseph, Family Law Attorney
Category: Family Law
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Experience:  I have over a decade of experience as a Family Law litigator
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My daughter and her boyfriend signed away legal rights to Maternal

Resolved Question:

My daughter and her boyfriend signed away legal rights to Maternal grandparents for twins approx. fall of 1999. Papers were filed in Arapahoe Co. No follow up was ever done. Never appeared before judge. She now is trying to take them back and we live in TN. Can she do this or can i request copies from the courts and bring the children home?
Submitted: 2 years ago.
Category: Family Law
Expert:  Joseph replied 2 years ago.
Let me see if I have this right; your daughter initiated the process of signing over her parental rights to you in 1999, the paperwork was never completed and she now wants to take the children back. Is this all correct?
Customer: replied 2 years ago.

Yes I actually got the papers and they filled them out, and they signed them infront of a notary and I filed them at the court house, but never intended to prevent her from seeing them so never completed an adoption formally.

Expert:  Joseph replied 2 years ago.
Ok, I understand that the adoption was not completed. However, was the termination of her parental rights finalized?
Customer: replied 2 years ago.
Nothing further was done. She did not support, or provide for them they were always in school and completely supported by myself and my husband.
Expert:  Joseph replied 2 years ago.

Your response does not actually let me know whether or not the termination of parental rights (TPR) was completed. If the TPR was completed, that would mean that the mother and father had their parental rights severed and they would have no legal standing to now seek any form of custody of the children. In short, you would have little reason to be concerned.

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Conversely, if the TPR was not completed, then the rights of the parents would still be intact and they would then have legal standing to pursue custody. Having said that, I would suggest that they would have an uphill battle. I say this as it is clear that they intended to terminate their rights, even if it wasn't completed. Additionally, they have apparently made no effort to regain custody for about thirteen years.

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If the parents intend to pursue custody, the judge would need to examine the best interests of the children. With the biological parents having intended to terminate their rights and having made no effort to regain custody for over a decade, it would be difficult to state that the children's best interests would be served by re-establishing the rights of the parents.

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Please let me know if you need clarification on anything.

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Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
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