Q: Can a judge dismiss a document after it has been sign and filed?
My husband is in the middle of a custody battle over his daughter. The mother of the child signed a document giving up her rights on her own accord in front of a notary. It was then filed with the court. At a pretrial hearing the judge dismissed it and helped her get a lawyer. Is this legal or did he get screwed?
A: In Oklahoma there is no such thing as giving up or signing away parental rights absent an adoption or having rights terminated by the state. The fact that there was a notary makes no difference.
Charles Watts agrees with this answer
A: The document is an unenforceable document therefore the judge disregarding that is correct. In Oklahoma, there are 2 ways of giving up parental rights; 1) During a legal adoption proceeding where the parents voluntarily (or involuntarily in some cases) consent and give up their rights, or 2) DHS terminates the rights of the parent (usually resulting in the child becoming a ward of the state and into the foster care system)
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