Morristown, TN asked in Child Custody and Family Law for Tennessee

Q: I have custody of my Nephew.well his mom was to sign her rights away. What would she need to do so she can?

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1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Divorce Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: if I understand your question, by "signing away her rights: you mean the mother wants to terminate her parental rights ( termination of parental rights is the correct legal term). However, this can only be done if someone else is willing to assume responsibility for the support of the child and that means adopting the child. so, if you are willing and want to adopt the child, a petition (lawsuit) will have to file in the county where you reside. BOTH parents ( not just the mother) will need to be served/notified of that case and given the opportunity to respond to it. If they both agree to terminate their rights, they can sign a document called a "surrender" but they have to appear before the judge to do this ( the law says giving up your kids is a very important decision and since it affects the child, the judges are very careful to make sure everything is done correctly). This is not just signing a form and walking away, I strongly suggest you hire an experienced adoption lawyer to help you. Hope this helps.

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