restoring parental rights

[california1234]

My brother was in prison for 2 years on a drug charge and it seemed like his wife would be going to prison as well. He gave up his parental rights believing that if his wife went to prison my aunt could adopt his daughter. His wife got off without prison time and the adoption never happened. Hes been out for a couple years and has lived with his wife and daughter since then. Can he restore his parental rights? If they divorced or if anything happened to his wife would he have any rights to his daughter?

 

[seniorjudge]

My brother was in prison for 2 years on a drug charge and it seemed like his wife would be going to prison as well. He gave up his parental rights believing that if his wife went to prison my aunt could adopt his daughter. His wife got off without prison time and the adoption never happened. Hes been out for a couple years and has lived with his wife and daughter since then. Can he restore his parental rights? If they divorced or if anything happened to his wife would he have any rights to his daughter?

Q: Can he restore his parental rights?

A: Yes, if he now adopts the child.


Q: If they divorced or if anything happened to his wife would he have any rights to his daughter?

A: You mean if the wife dies? Anyway, his rights would depend on whether he has adopted the child. Right now, his rights and mine to the child are the same: none.

 

[seniorjudge]

Sorry...just noticed you were in California. Never mind.

 

[crystaly]

How did he go about giving up his rights? Did he just sign a form stating that he would consent to an adoption or did he actually sign papers in a court of law stating that he was giving up all of his rights to his daughter?