QUESTION

My aunt been having custody of my son

Asked on Sep 25th, 2018 on Child Custody - Tennessee
More details to this question:
She’s been having custody of him for ten years. She actually went behind my back and done it. Can I get him or can I just sign my rights over? I’ve been searching and searching for the father but nothing at all. I don’t know what else to do and it’s beem tearing me apart. Yes he know who I am. I see and talk to him all the time. Please help me
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1 ANSWER

Family Law Attorney serving Nashville, TN at WalshLaw
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 To answer this question, an Attorney would need to see the order(s) that gave the aunt custody in the first place. A fit parent should be able to regain custody from a third-party, but if the child has been there that long, it’s going to be a process. As far as signing your rights away, a person cannot sign their rights away unless there is an adoption happening at the same time. In other words, your aunt would have to file to terminate your rights and adopt at which point you could agree to sign your rights away and agree to the adoption. If she does not do that, you are stuck with the obligation of child support whether you have visitation or not. After looking at all the documents an attorney with experience in that area could definitely give you additional, more specific advice.
Answered on Oct 01st, 2018 at 7:58 AM

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