My Child’s Mother Claimed not to Know that I was the Father and Signed Over Parental Rights to Someone Else, What Can I do?
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Summary
My ex-girlfriend lied about my daughter’s birth date (09/30/05), so that she could keep me unaware of her birth. This was so she could claim she did not know who the father was and sign over parental rights to a family friend. How legal and binding is that in the state of Arizona? The hospital paperwork was stuffed in my ex’s diaper bag pocket by mistake. They show the signature of the new mom and my ex-girlfriend signing over her rights to the child. I filed for full custody about 2 weeks before I had knowledge of my daughter’s birth, since there is a history of depression and suicidal tendencies from the mother. How can I find out when my daughter went back to my ex-girlfriend and why the court is still allowing my ex-girlfriend to have joint custody, in light of this? Should there be something in writing, stating that my ex-girlfriend took my daughter back. Is that legal, seeing as how she was turned over at the hospital after birth and not through a normal adoption process? |
“How can a person take their child back after parental rights have been signed over and the other parent was not notified?
My ex-girlfriend lied about my daughter’s birth date (09/30/05), so that she could keep me unaware of her birth. This was so she could claim she did not know who the father was and sign over parental rights to a family friend. How legal and binding is that in the state of Arizona? A month later, way past my ex’s due date, I found out about what happened. After repeated efforts, my ex finally came clean about my daughter’s birth. I was visiting and taking care of her at my own house every few days. The hospital paperwork was stuffed in my ex’s diaper bag pocket by mistake. They show the signature of the new mom and my ex-girlfriend signing over her rights to the child. They also state that the mother was discharged and that my daughter was bonding with her new mom. I filed for full custody about 2 weeks before I had knowledge of my daughter’s birth, since there is a history of depression and suicidal tendencies from the mother. How can I find out when my daughter went back to my ex-girlfriend and why the court is still allowing my ex-girlfriend to have joint custody, in light of this? (We went to court for paternity, custody, and child support….I did not have a lawyer at the time to help with these issues) Should there be something in writing, stating that my ex-girlfriend took my daughter back. Is that legal, seeing as how she was turned over at the hospital after birth and not through a normal adoption process? There are also other circumstances involved….CPS, possible Welfare Fraud, etc…but I need an answer to these nagging questions first.”
There is more to your case then you are stating here. Had your ex actually legally given up her parental rights, she would not have been able to take that back so casually. Perhaps that was her intent, but she seemingly never went through with it.
The answers to your questions may be in the Court file, or may be subject to discovery. “Discovery” is a process in every court case where you are allowed to ask questions to the other side, and they can be compelled to answer those questions.
Keep fighting the good fight with your daughter’s best interests in mind. If birth mother is truly unfit to be the primary parent you should eventually be able to bear that out.
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For more on this subject check out these categories: Family Law, Child Custody, Paternity, Termination of Rights
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
