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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37575
Experience:  I provide family and divorce law advice to my clients in my firm.
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My husband of 6 years has an 7 year old daughter from a short-lived

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My husband of 6 years has an 7 year old daughter from a short-lived previous relationship. He was asked not to be a part of the girl's life, to which he agreed because the woman is a very difficult person and his family is conservative and also difficult. A year and a half ago the mother showed up asking him to sign termination of parental rights as she had a husband who wanted to adopt. Not long after the adoption they divorced and she was having difficulties. My husband helped her get a job and she let him meet his daughter for the first time (which was when I first learned of the whole thing). We have two children of our own and naturally he felt a strong bond to his daughter and feels extremely foolish for having signed over the rights. We do not have contact now, as I said the mother is a difficult person, but I cannot stop thinking about/worrying about this child. The mother mentioned abuse as a reason for divorcing her husband. My husband made a dumb move to sign papers because he felt he had no right to ask questions and had no one to consult with since he kept this all secret. Is there any hope?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question.

I am sorry that your family is in this type of a situation. If I may, I need to clarify one factor. You stated that he signed his parental rights away. Was the child formally adopted by someone else or is your husband still listed as the father? My answer to you is heavily dependent on this factor, thank you!
Customer: replied 1 year ago.

As far as I know, she was formally adopted.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Paula.

If that is the case then an adoption is deemed to be final because it legally 'severs' the rights from your spouse and transfers those rights to the new party (the new parent). Such an adoption can no longer be challenged as your spouse is no longer the legal parent. If he simply signed his rights but the child still remained his, my answer would be very different since that would permit him to potentially refile and seek parental rights. But here parental rights no longer exist.

My apologies but at this point your spouse would not be able to regain his rights short of seeking his own adoption of the child (which would be able to be contested by the other parties).

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37575
Experience: I provide family and divorce law advice to my clients in my firm.
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