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Relinquished rights to son while under duress

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  • Relinquished rights to son while under duress

    I have a friend who relinquished her rights to her son while under duress and the influence of prescription meds. She has been through treatment now and has her life back on track. Her son was permantly placed in the care of her relatives.


    What does she need to do to get him back, or is it not even possible?

  • #2
    Re: Relinquished rights to son while under duress

    I wish to inform you that your friend can apply to the court for modification of child custody. In the present case your friend has given her consent to relinquish rights to son under duress. Hence, the consent to relinquish son is not by free consent. Your friend can show to the court that the consent was by duress and also under influence of prescribed medicine. Your friend did not have any intention to relinquish son and also the fact that under influence of medicine was not able to properly think. Before the court suit can be filed mediation may also be needed in the matter by your friend. The court will consider the best interest of child in determining the modification of custody of child. Further, it can be shown to the court that best interest of child is with his parent.

    AFF

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    • #3
      Re: Relinquished rights to son while under duress

      And now for a cohesive and realistic response that falls within the confines of realistic law practices.

      It would greatly depend on what prescription drugs, and what the prescription was for (what effect it had on the brain and body), and whether it was merely one prescription or many.

      "Under duress" is extremely difficult to prove in a court of law. The guidelines for it are very strict and narrow, and do not involve someone merely making the claim they were under duress. If the person was on prescription drugs and it affected their ability to be in control of their faculties, it could be argued that they would not have been able to even sign anything. Usually these documents are witnessed and notarized, and somebody would have been alerted that this person was under some sort of undue influence.

      That said, the only thing she can do, if she truly wishes to disrupt this poor child's life further, is to petition the court for a reversal of the custody order. She is going to have to show that not only has she "gotten it together" but that she has a stable home, and the financial stability to raise this child.

      Family court is not interested in "best interests of the child". If it were, there would be less need for its sheer existence.

      Really, the administrators of this board are being irresponsible in allowing AFFA'S posts to stand.

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