Legal Question in Family Law in Pennsylvania

Restoring parental rights

I was wondering if it was at all possible to have parental rights restored and if so would this cause an adoption to be over turned.

I voluntarily gave up my parental rights 7 years ago while my children where in foster care. I feel that coerced into doing so. I would like to have my parental right srestored and regain custody of my children.


Asked on 6/21/06, 2:54 pm

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

Re: Restoring parental rights

I would think it unlikely, even if you could prove that you were coerced into giving up your parental rights that you could get them back after 7 years.

First, before the issue of how you came to give up your rights you'd have to over come the doctrine of Laches. That is you had to bring a timely challenge to the adoption. Seven years is a long time. Even if the court didn't bar you from bringing up a challenge to the adoption you would have to show that it would be in the best interest of the children to uproot them from a home they have known for 7 years to be returned to you. Courts tend to go with the status quo unless there is a real good reason to change things. Based on what you said in your question I see no compelling reason for the court to come to the conclusion that it would be in the best interests of the children to overturn the adoption.

{John}

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Answered on 6/21/06, 3:08 pm


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