Legal Question in Family Law in New York
Parental Rights
I signed off my parential rights before having surgery to my childrens step mother, with the agreement between us that I would still be able to see them. I have not seen them and what to have visitations. What can I do to get my children back into my life? I need help, I don't want to up root them but want to be involved with the kids as much as possible. I only sis this because I thought it was in the best interest of the children if something was to happen to me in surgery, not to lose a life with my children forever.
2 Answers from Attorneys
Re: Parental Rights
It may be difficult to over turn the agreement once it was signed but it may be possible depending on the specific wording of the agreement, or if the understanding between the parties was that the agreement was contingent upon an unsuccessful surgical outcome or if you can prove that you were under durress to sign the agreement.
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Re: Parental Rights
Absent a legal adoption or Court Order, A natural parent cannot "give" "agree" or "contract" their children; or "parental rights" to anyone, without legal process. To wit: even a parent agreeing that the other parent should have custody and a Court Ordering Custody for the parent, has a right to Visitation.
Additionally, a parent does not lose the right to Petition for Custody to reverse a prior agreement or order of Custody or Guardianship, provided a final order of Adoption has not been entered.
Good luck,
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