How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
Type Your Family Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

My daughter and her boyfriend signed away legal rights to Maternal

This answer was rated:

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?
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 5 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.

Ok, I understand that the adoption was not completed. However, was the termination of her parental rights finalized?
Customer: replied 5 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.

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.


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.


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.


Please let me know if you need clarification on anything.


I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click ACCEPT. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph and other Family Law Specialists are ready to help you