Can i get my children back?

Asked over 1 year ago - Paragould, AR

in 2009 my 4 children got tooken by the state, the case that was open was only on my 2 oldest children, in 2010 i went to prison for 8mths, my 2 oldest childrens father got custody of them, i still have visitation rights with them that he has denied me of for 3yrs. my 2 youngester children who wasnt even on my case they made me sign my rights away when i went to prison for 8mths, i signed them over to my sister inlaw and dhs ended up getting them back, now they are adopted out to a family. can i take it back to court sence they wasnt even on my case? and i still had 4mths left when i got out prison for the deadline. i didnt even sign my rights over to dhs i signed them to my sister inlaw. i have visitation rights with my 2 children that my case was open on but not my youngester

Attorney answers (1)

  1. Scott Allen Scholl


    Contributor Level 18

    Answered . As to the two younger children, if they were adopted then in the eyes of the law you are a legal stranger to them and you won't be able to get them back unless there was some problem that would cause the adoption to be invalid.

    As to the two older children, it appears that the father was given custody but your parental rights are intact. In that case, you would be able to petition the Court to modify its orders to grant you custody -- but in order to do so you would need to be able to show that there has been a "material change of circumstances," and typically the courts will not find it to be sufficient if the only alleged change is an improvement in the non-custodial parent's circumstances.

    This response is for information purposes only, it does not create any attorney-client relationship.... more

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