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.
1 Answer from Attorneys
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}