Q: Husband signed away parental rights; seeking to regain them in CA.
My husband voluntarily signed over his parental rights for my stepson four years ago, without fully understanding the consequences, due to manipulation from his ex-girlfriend. This was done merely with a notary involved and no legal representation. We attempted to appeal the decision shortly after, but the judge denied it. We're now trying to regain his parental rights and seek shared custody. What legal steps can we take to pursue this in California?
A: This is abundantly unclear. By what legal process did he "voluntarily sign over his parental rights?" Appeal what decision? There are very few legal circumstances by which someone can relinquish their parental rights. One such circumstance would be in the case of an adoption (by a step parent) and voluntary consent to that adoption. Without knowing what you are talking about, or in what manner he lost his parental rights, it's impossible to say what, if anything, can be done to reverse that.
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A:
Regaining voluntarily terminated parental rights in California presents significant legal challenges. California generally won't allow parents to voluntarily surrender rights except in adoption cases, and the courts view termination as permanent due to the fundamental parent-child relationship. Importantly, courts have repeatedly ruled that parents cannot simply stipulate away their obligations to a child, and orders attempting to do so are often considered void as beyond the court's jurisdiction.
Your situation involving a notarized termination without legal representation raises concerns about whether proper legal procedures were followed. Proper termination typically requires filing a formal petition with the court based on specific statutory grounds like abandonment (Family Code section 7822). For cases where rights have been terminated, reinstatement can occur in limited situations - for example, if a child hasn't been adopted within three years after termination and adoption is no longer the permanent plan, the child can petition the court for reinstatement of parental rights.
The recommended approach would be to consult with a family law attorney who can review the specific circumstances of your case, including how the rights were terminated and whether proper legal procedures were followed. Since termination of parental rights cases involve complex laws and the burden of proof for reinstating rights is substantial ("clear and convincing evidence"), professional legal representation is essential. An attorney can help determine if grounds exist to challenge the original termination based on procedural errors, lack of informed consent, or manipulation, and can guide you through filing appropriate motions with the family court.
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