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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33554
Experience:  Began practicing Family Law in 1992
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My son was tricked into signing away s parental

Customer Question

My son was tricked into signing away his parental responsibilities about three years ago. My son was using drugs and his ex wife's new husband told him that if he signed these papers he wouldn't have to pay child support to he got his life together and that this way the new husband could have the kids medically treated and that he would still have visitation. So my son in his drug induced mind thought that it would be best for his boys. My son has been clean for a year and owns his own business guess to church and had a different mind set altogether. His ex wife had told him that when he had a year clean he could see the boys. We found out today that the new husband has since adopted the kids. What I'm wondering is can my son fight this because of a diminished capacity and that he had be duped into signing these papers?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: WA STATE
JA: Have you consulted a lawyer yet?
Customer: No. My son is a new business owner and so his money is a little tight yet
JA: Is there anything else the Family Lawyer should be aware of?
Customer: I talked with the new husband mother and she told me that the ex wife and new husband have told the boys that their father didn't love them or want them and that he moved to Alaska. He died want them and loves them and lives in the same town as them.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It is very unlikely that he would be able to reverse the situation. The first reason is because the trial court would have lost jurisdiction over the case if it happened more than 30 days ago. That means that you couldn't file either a Motion for New Trial or even an appeal.

Therefore, he is left with trying to file a Motion to Vacate which is much harder to do. It is usually based on a lack of notice but in this case that wouldn't apply since he signed off on the Order Terminating his rights.

It is not impossible, but it will be very difficult. Most attorneys will charge a minimum of $2500 and possibly more to just try and get the order reversed and they will all tell you it is unlikly to work.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and you can come back to it anytime in the future if you think of something else.