How to Reverse the Termination of Parental Rights in Jacksonville, Florida
If the Duval County Court, which serves Jacksonville, Florida, has terminated your parental rights or has open proceedings to formally terminate your parental rights, you might want to find out whether you have any legal options to regain custody of your child. In a voluntary termination of rights due to a signed and notarized adoption consent, the right to revoke your decision depends on the age of the child at the time you consented. Outside of the given time frame, Florida law limits your ability to reverse the decision unless you can prove fraud or duress.
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Instructions
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Identify the Florida adoption laws relevant to your situation -- for example, if you signed an adoption consent on the date 48 hours after the child's birth and before the child was six months of age, you generally can't revoke your consent unless you can prove to the Duval County court that you only agreed because of fraud or duress.
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Indicate your intent to revoke the adoption consent if you did not give your consent until after your child reached the age of six months or older -- in this situation, you have a revocation period of three business days during which you can change your mind immediately after voluntarily consenting to terminate your parental rights to allow the child's adoption. Communicate your revocation in a clear writing to any interested parties, such as an adoption agency or adoptive parents, and the lawyers representing any of the parties.
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Gather evidence of fraud or duress affecting your voluntary termination of parental rights through a signed adoption consent, if you have already passed the time period during which you can revoke your decision. (See References 4) Ask potential witnesses and other involved parties to consider providing statements in support of your case.
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Contact the court clerk or the family law division at the Duval County Courthouse to request court forms and procedural information regarding a motion to establish fraud or duress in the child's adoption case. Prepare the required paperwork as thoroughly as possible and file it with the court clerk in Duval County. Participate in court proceedings until the court determines whether to reverse your adoption consent due to fraud or duress.
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Tips & Warnings
Speak with a Florida family law attorney immediately if you'd like to revoke or challenge your adoption consent. To reverse a termination of parental rights, you may need the expertise of a lawyer during court proceedings or even a trial. Contact Family Court Services at the Duval County Courthouse or legal aid programs serving Florida residents if you need legal representation but can't afford to pay for a lawyer's services. If you're a father who voluntarily signed a Florida affidavit of nonpaternity to terminate your parental rights but you now wish to revoke your affidavit, state law doesn't allow you to do so unless you can prove fraud or duress.
The legal process for an involuntary termination of parental rights in Duval County differs from a voluntary termination or adoption consent. For an involuntary termination, you might need to challenge your case through the Florida child welfare system or appeal through the Duval County court that approved the termination. Consult with a lawyer to determine your legal options.
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