Saturday, May 18, 2013

Can you use a modification to vacate a termination of parental rights? or is a order to show cause ,the best way to go?

Q: i am a loving mom,and the case worker made sure to terminate my parental rights.no more visits.because the foster parents,who really abuse my son.wants to adopt my son.?how do i get back my parental rights?


A: David's Answer: Did you consent or was the termination of parental rights done after a trial? If you consented, then there must be some very good reason for wanting to vacate your consent (other than that you changed your mind). If this was done after a trial, then you must appeal the Judge's order. Filing either a petition or order to show cause will NOT get you the results you seek if a trial was held. In any event, I highly advise that you schedule a follow-up consultation with a NYC Child Custody attorney (particularly one who has experience in ACS cases). -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

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