Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“In 2003, I married a man and became pregnant, due to problems we seperated before the birth of my child and then in 2004 we went to court for a divorce and the father gave up all of his parental rights (on his own freewill).. Now in 2006 we have remarried and he would like to get his parental rights back and have our childs name changed back to his last name & his name put back onto the birth certificate.. My question is – how do we go about getting this done?? And can we do it on our own without an attorney..??”
Question: Regaining parental rights may be able to be accomplished by the filing of a Petition with the same Court that granted the termination. Arkansas 9-9-220. “Relinquishment and termination of parent and child relationship (g) . . . a relinquishment of parental rights with respect to a child executed under this section may be withdrawn by the parent, and a decree of a court terminating the parent-child relationship under this section may be vacated by the court upon motion of the parent if the child is not on placement for adoption and the person having custody of the child consents in writing to the withdrawal or vacation of the decree.” If however, someone adopted the child, your once and current ex would likely be out of luck. Do you need an attorney? Probably.
