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Is there any way to reverse an original termination of parental rights?

Is there any way to reverse an original termination of parental rights?

Full question:

My husband has two children by his ex-wife. They are now 14 & 16. Over 10 years ago during a bitter divorce a custody battle in the state of CT was begun by him but dropped because the lawyer told him he had no chance of getting custody or visitation. This was because at the time he had been arrested due to UNTRUE claims of domestic abuse by the mother. He has since gotten a pardon for those false arrests. He has always wanted to see his children & have a relationship with them but he was young and was convinced at the time to give up his parental rights. Is there any way to reverse the original termination of parental rights?

Category: Paternity
Subcategory: Termination of Parental Rights
Date: 04/07/2025
State: Massachusetts

Answer:

The following is a Connecticut statute:

Sec. 45a-719. Reopening judgment terminating parental rights. Best interest
of child. Final decree of adoption.

The court may grant a motion to open or set aside a judgment terminating
parental rights pursuant to section 52-212 or 52-212a or pursuant to common
law or may grant a petition for a new trial on the issue of the termination
of parental rights, provided the court shall consider the best interest of
the child, except that no such motion or petition may be granted if a final
decree of adoption has been issued prior to the filing of any such motion
or petition. Any person who has legal custody of the child or who has
physical custody of the child pursuant to an agreement, including an
agreement with the Department of Children and Families or a licensed
child-placing agency, may provide evidence to the court concerning the best
interest of the child at any hearing held on the motion to reopen or set
aside a judgment terminating parental rights. For the purpose of this
section, "best interest of the child" shall include, but not be limited to,
a consideration of the age of the child, the nature of the relationship of
the child with the caretaker of the child, the length of time the child has
been in the custody of the caretaker, the nature of the relationship of the
child with the birth parent, the length of time the child has been in the
custody of the birth parent, any relationship that may exist between the
child and siblings or other children in the caretaker's household, and the
psychological and medical needs of the child. The determination of the best
interest of the child shall not be based on a consideration of the
socio-economic status of the birth parent or the caretaker.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

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In child support court, avoid making negative comments about the other parent, as this can reflect poorly on you. Don't exaggerate your financial situation or make false claims about your income. It's also best not to discuss personal grievances unrelated to child support, as this can distract from the case. Focus on providing accurate financial information and be respectful to the judge and the other party. Staying calm and collected is crucial for a positive outcome.

What not to say during a custody battle?

During a custody battle, refrain from making disparaging remarks about the other parent in front of the children or in court. Avoid discussing personal issues that do not pertain to the child's welfare. Don't present false evidence or make baseless accusations, as this can damage your credibility. It's important to focus on the best interests of the child and maintain a respectful tone throughout the proceedings.

What not to say in a custody hearing?

In a custody hearing, avoid negative statements about the other parent, as this can undermine your position. Don't make irrelevant comments or bring up past grievances that don't relate to the child's needs. Refrain from using emotional language or appearing confrontational, as this may affect the judge's perception. Stick to facts and focus on how your proposed custody arrangement serves the child's best interests.

What looks bad in a custody case?

Several factors can negatively impact a custody case. These include any history of substance abuse, domestic violence, or criminal behavior. Poor parenting skills, such as neglect or lack of involvement in the child's life, can also be detrimental. Additionally, making false allegations against the other parent or failing to comply with court orders can reflect poorly. Ultimately, the court prioritizes the child's best interests, so demonstrating a stable and supportive environment is crucial.

How to deal with a nasty custody battle?

To navigate a contentious custody battle, maintain a focus on the child's best interests. Keep communication with the other parent civil and professional. Document all interactions and any concerning behavior. Consider involving a mediator to help resolve disputes amicably. It's also wise to seek legal counsel to understand your rights and options. Prioritizing your child's emotional well-being during this process is essential.

What is considered harassment by an ex-spouse co-parent?

Harassment by an ex-spouse co-parent can include repeated unwanted contact, threats, or intimidation. It may also involve derogatory comments about you to the children or attempts to undermine your parenting. If the behavior disrupts your ability to co-parent effectively or affects your emotional well-being, it may qualify as harassment. Documenting incidents and seeking legal advice can help address the situation appropriately.