Legal Question in Family Law in Texas
Paternal Rights Under Duress
My children have been living with my ex in TX. I had no means to fight him for custody. I moved to NJ and remarried last year. There was a court battle re: mostly med. reimb. and back child support. My lawyer mistakingly told me that the final court date changed, and I didn't need to appear. It hadn't been changed and they tried the case without me. I lost by default. Backed into a corner financially and emotionally, and was convinced by my ex that the only way out was to sign over my maternal rights. I finally agreed to sign the papers to relinquish my rights and have my judgement of over $20,000 dropped. The judge appointed an Attorney ad Lidem for the children. I'm filing Chapter 13 to get relief from many debts created to pay for back child support and lawyers fees, etc. My ex does raise them well and has the means to provide everything for them. We have an understanding that the children would never find out that I signed and I will still see the children, which I have, since signing the papers in March. (This is something their father has always wanted, so he could feel secure that I would not try to take custody of them. He wants control.) What can I do?
2 Answers from Attorneys
Re: Paternal Rights Under Duress
What do you want to do? You didn't mention this, but it can be assumed that the divorce was granted in Texas. If so, you need a Texas attorney to provide you with advice. Many of the issues you are raising have a statutory period of limitations in New Jersey, so it would be prudent for you to check with a Texas attorney without further delay to make sure you do not become time-barred for any reason.
Regards, CJR 732.603.8585
Re: Paternal Rights Under Duress
It is very difficult to give you any legitimate and accurate advice with such little information. I would need to review the document that you signed to determine if it is even enforceable. I would also need to review all of the facts and circumstances with you. If you actually did in fact voluntarily terminate your parental rights, it may be difficult to undo what has already been done, but not impossible. Also, your inquiry does not specify exactly what you want to do. I strongly urge you to have a consultation with an attorney. HOwever, if this matter is in Texas, and the Agreement was entered into in Texas, etc. you need to hire a Texas attorney. If you would like to schedule a consultation with me, I charge $300.00 for a 2 hours consultation. You may contact my secretary, Debbie, at 856-795-6700 to schedule same.
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