Legal Question in Family Law in Florida

Need to know how to file duress on termination of rights

In 2001 i signed off termination of my pareantal rights to my children and done so under duress. I was in prison and the time and was pressured into this by attorney and counselor at the prison. Need to know if there is anyway i can go about resolving this so i can get my children back. They were not adopted and they are with a family member. need to talk more to someone if at all possible


Asked on 10/23/06, 7:50 pm

1 Answer from Attorneys
Marie-Anne Oatley

Re: Need to know how to file duress on termination of rights

Proving duress is generally difficult but in addition to this issue, you were incarcerated at the time. This fact creates a legal presumption against you as it concerns the best interest of the children. The best thing to do is contact an attorney and have him or her examine the exact situation (what happened to create duress, for instance) and tell you whether or not you may have a chance to withdraw the consent to successfully terminate your rights. Good luck.

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Answered on 10/25/06, 1:58 pm


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