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Yeah i was tricked by my ex to give up parental rights for…

Yeah i was tricked...

Yeah i was tricked by my ex to give up parental rights for our daughter to my ex's new husband I was wondering if there was a way to appeal that?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Have you talked to a lawyer yet?

Nope not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That it wasn't court ordered but voluntary

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Answered in 1 hour by:
3/12/2018
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,413
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good morning. I am sorry to hear about this. Can you please share with me how you were tricked?

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Customer reply replied 4 months ago
I had a good relationship with my ex and her husband and was told that being my daughters last name is ***** ***** both of theres that it's really hard to put her husband on the "list" to take and pick her up from school and doctors etc.

And as a result of this, you signed documents giving up your legal rights to the child and allowing her husband to adopt the child?

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Customer reply replied 4 months ago
I also lost my job and they kept pressuring me to move with my sisters to nebraska and that it would better for me and that nothing would change and i could visit and see her whenever i want, but since I moved they won't allow me to skype her or anything.
Customer reply replied 4 months ago
right, we had a sit down and they assured me that nothing would change except for my daughters last name and i could see her whenever i wanted to problem

Did you read and understand what you were signing? Who prepared the documents? Did they have an attorney?

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Customer reply replied 4 months ago
I don't believe there was an attorney involved. I was only given a paper to sign.

Thank you. Yes, if you were tricked, mislead and did not understand what you were signing, you could have a basis to try and vacate this. You would need to show that you did not understand what you were signing and explain why you signed it without reading it or consulting with an attorney. If you can show that they tricked you and this was not voluntary, you could have a basis to proceed and get the order vacated and get your rights back, since you did not voluntarily agree to this. As I shared, you will need to show why you signed it without knowing what was happening.

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Customer reply replied 4 months ago
Let me also explain that I was going through alot in my personal life and wasn't "all there" as my ex and I broke up because she decided to have a sex change so she's a man now, and that kind of messed my thought process up honestly.

It would be something that needed to be explained and argued to the Judge, as to why you did this and signed it. The Judge is going to want to know if you read it, if you understood it and why you signed it, without knowing what it detailed.

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Customer reply replied 4 months ago
Do you know the steps on attempting to get the order vacated?

It is going to be complicated and it is in your best interest to retain a family law attorney at this time, since evidence will need to be presented and this is likely going to be contested. A motion will need to be filed to start the process and you would need to vacate the order and if the child was actually adopted, try and undo that as well.

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Customer reply replied 4 months ago
the adoption went through in January

Yes, this is more than just trying to vacate an order, as the adoption went through and you need to regain your rights and this is going to be complicated.

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Customer reply replied 4 months ago
Okay. Hopefully this will work out as i'm not trying to gain full custody. I just want the ability to see my kiddo.

Yes, of course, and I am sorry you are dealing with this.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,413
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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FamilyAnswer and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 months ago
thank you for everything : )

My pleasure

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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