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forced to sign over parental rights?

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liz6369

Guest
What is the name of your state? Tennessee

is it lawful for a woman and her attys to force a man to relinquish parental rights b/c he has not a dime to his name to continue to hire representation? this is written as part of the marital dissolution agreement which states in it that he has agreed to this. however, he has not, but his atty will no longer represent him as he has no more money. he was a stay at home dad for 5 years while wife ran their business.
 


kat1963

Senior Member
Did he sign it or did he default? I'm sorry, I read your post twice, but I'm still unclear of how this happened (or even if it has already.)
KAT
 
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liz6369

Guest
forced to sign over rights

No. the divorce is not final yet. he received the marital dissolution agreement a few days ago. however, his atty will no longer represent him as the money in his account has run out
 

kat1963

Senior Member
From what I gather, then he doesn't sign it, this is their *offer*...I must have had 8 or 9 of these things back & forth between attorneys during my divorce (no children, just, property, animals & antiques, took 2 years anyway).
I have to suggest that you post the story here, considering that there are children involved and also for research (at the bottom is a site search)
http://www.deltabravo.net/custody/boards.htm
Just because he doesn't have an attorney, doesn't mean he needs to settle....
Good Luck!
Regards;
KAT
 
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liz6369

Guest
Kat,

I appreciate all of your advice. he has about given up and thinks there is nothing else he can do. therefore, i had to take the ball in my own hands.

it's much appreciated that this "free" advice is provided for the ones who don't have thousands of dollars to hire these big wig attys as she has.

thanks again,
liz
 

kat1963

Senior Member
Liz, please do go to the site I listed. (copy & paste, between the URL's) I'm not an attorney but I do know a thing or two about parental rights. (just click on my profile to email me.) Please, have him sign NOTHING!! They are COUNTING on him giving up know that he doesn't have a lawyer...He needs to fight for what is right NOW. Tell him not be sad, we can fight this..but he has to be strong...okay?
KAT
 
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Boxcarbill

Guest
liz6369 said:
What is the name of your state? Tennessee

is it lawful for a woman and her attys to force a man to relinquish parental rights b/c he has not a dime to his name to continue to hire representation? this is written as part of the marital dissolution agreement which states in it that he has agreed to this. however, he has not, but his atty will no longer represent him as he has no more money. he was a stay at home dad for 5 years while wife ran their business.
I have been around the world twice and once on a slow-moving jack-ass and I have never heard of a termination of parental rights being joined with a divorce! Do you see an Affidavit of Voluntary Reliquishment of Parental Rights attached to the proposed Agreed Decree of Divorce? This is not something that one can bury in the fine print nor is it a mere paragraph that can be hidden among the other paragraphs. In fact, teminations can be brought as a separate action or joined with an adoption. And incidentally, an affidavit of voluntary termination of parental rights is verified--i.e. notarized.

I rather suspect that someone has confused the custody and visitations issues with termination of parental rights. They are not the same things!
 
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liz6369

Guest
Please excuse my lack of knowledge when it comes to custody, parental rights etc.

I hope you may be able to clear up my misunderstanding. Under the category of Child Custody and Visitation on the Marital Dissolution Agreement it states (and I quote) "Father has agreed that parental rights shall be terminated for any and all purposes, and both parents agree that the termination of father's parental rights is in the best interest of the minor children".

Will you help us better understand exactly what this section would mean should he sign it.

Much appreciated,
Elizabeth
 
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Boxcarbill

Guest
liz6369 said:
Please excuse my lack of knowledge when it comes to custody, parental rights etc.

I hope you may be able to clear up my misunderstanding. Under the category of Child Custody and Visitation on the Marital Dissolution Agreement it states (and I quote) "Father has agreed that parental rights shall be terminated for any and all purposes, and both parents agree that the termination of father's parental rights is in the best interest of the minor children".

Will you help us better understand exactly what this section would mean should he sign it.

Much appreciated,
Elizabeth
I have no idea what they are attempting to pull but like I said I have never heard. Tell them in no uncertain words that if they wish to seek a termination of parental rights to file a verified motion for termination of parental rights and alleged the statutory grounds that they are seeking termination on and that you will see them in trial. Either the wife and her attorney are fools or they think he is. This is not the correct legal procedure for either voluntary relinquishment of parental rights or involuntary termination of parental rights. Tell them so.
 

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