Summary
The biological mother voluntarily terminated her parental rights and the father has full custody. The mother, post-rehab, threatens to regain rights but has taken no legal action. She violated visitation terms, leading the father to cease communication and visits. The father is advised that in Kentucky, rights cannot be regained unless the other parent agrees. Violations can be reported to court. The grandfathers potential visitation rights are also discussed, with the court considering the childs best interest and the parents wishes.Full Conversation
I have full physical and legal custody of my two children as their biological mother voluntarily relinquished her parental rights in June *. She completed rehab for substance abuse in July *, and she has been threatening to take me back to court so she can file a petition for visitation, and she believes she still has parental rights when she does not. I stopped responding to her when she started threatening me with court. She lives in illinois and my children and I live in kentucky.
Has she taken any legal steps to regain her parental rights or is it just verbal threats so far?
Just verbal threats
What is the nature of these verbal threats? Are they causing distress or fear for you or your children?
The children aren't aware of the threats, but its just makes me worry that she may be able to gain visitation rights when its not in the best interest of the children. She cannot be trusted to properly care for them and supervise them.
Has she made any attempts to contact or visit the children since she completed rehab?
Yes, a few attempts. She has visited them three times and one of the visits, she took them half an hour away without my knowledge or permission.
Did you report this unauthorized visit to the authorities?
No, the visit was authorized and she brought them back before i picked them back up.
Did she violate any terms of the visitation during these visits?
Yes
What were the terms she violated during these visits?
Staying at her father's house for the duration of the visit.
What actions have you taken since she violated the terms of the visitation?
I stopped replying to her and stopped visitation with the children
What is the current legal document that states the terms of visitation and custody?
The document she signed terminating her parental rights
What were the specific terms outlined in the document she signed terminating her parental rights?
That I have som
What were the specific terms outlined in the document she signed terminating her parental rights?
I have sole legal and physical custody, she has no parental rights, and any visitation between her and the children is to be agreed upon by me.
What actions, if any, has she taken to legally challenge the terms of the document she signed terminating her parental rights?
No action taken as of right now
What actions, if any, are you considering to protect your children and enforce the terms of the document she signed terminating her parental rights?
- In Kentucky, a parent who voluntarily relinquished their rights cannot regain them unless the other parent agrees.
- If she violates the terms, you can file a complaint in court.
The children were born in illinois and she relinquished her parental rights in illinois, but the children now live in kentucky. What actions can i take to protect my children and enforce the terms of the document she signed?
Has she violated the terms of the agreement after the children moved to Kentucky?
- In Kentucky, a parent who voluntarily relinquished their rights cannot regain them unless the other parent agrees.
- If she violates the terms, you can file a complaint in court.
There isn't an agreement
What were the terms of the document she signed when she relinquished her parental rights?
- In Illinois, once parental rights are voluntarily terminated, they cannot be reinstated unless under exceptional circumstances.
- Violations can be reported to the court.
Can her father, the children's grandfather gain grandparents rights if his daughter relinquished her parental rights?
Has the grandfather filed a petition for visitation rights?
- In Kentucky, grandparents can petition for visitation rights, but the court will consider the best interest of the child.
- The parent's wishes are also considered.