Parental rights?

mummy2girls wrote: Ok i have a question. This has been bugging me today. my sister called me this morning and told me something. And i want your oppinions. When my sister got married for the second time her daughters dad gave up all parental rights to his daughter so he doesnt have to pay child support. i know horrible! well the period of changing his mind just ended. Now that she is in Vancouver he now wants to have rights to his daughter. but he is turning really nasty about it which is scaring my sister. he said that he is coming up to vancouver and taking his daughter home for christm,as. and he doesnt care about how his daughter feels about it. his words... I dont care if she *clear my throat'n* cries all the way her and*clear my throat'n* cries while she is here she is *clear my throat'n* coming here! and he calls and leaves messages on the phone and calls my sister a few not so choice words. So if he gave up parental rights he cant do thsi right? i dont think so but my sister is really scared right now! I told her to document everything so if he tries to take her to court she has proof he is nuts!

Jamison'smama replied: If the waiting period is over...nope, no rights as far as I know. Tell her to call the police!

ETA She may need to get a protection order for both herslf and her daughter.

Kaitlin'smom replied: IMO opinion if he gave up all rights and the waiting period is over for him to change his mind, the HELLO I would call that kidnapping. I would have her contact a lawyer NOW and make sure. Since I am not in Canada I dont know the law. Tell her to also call the police file a report and tbh watch her back. If she goes to any kind of school or child care tell then about the threat and NO one picks up her child but her unless she tells them IN PERSON its okay for so and so. then make sure they ID the person. How old is she? does she know her sperm doner at all? (that what I call thoes who give up all rights to get out of child support) if she gets more threats warn her child NOT go go with him and to YELL like she had never before. Sorry Shelly this scars me about my sisters oldest 2 even though her x lives in another state ond day I woudl not put it pst him.

1lilpeanut2love replied:
!!!
Good Luck to your sister and your niece.
That is scary stuff!

hoosier momma replied:

I am sure the laws are similar to those in the US. She should call the police and her attorney ASAP.

mummy2girls replied:
She will be 8 and yes she knows that is her daddy

boyohboyohboy replied: My son caleb's father gave up all his parental rights, we had to go to a court hearing to have them terminated. there was no waiting period, once the judge signed the papers it was legal...and here in the usa I was told by my attorney that the biological father once he signs those papers can NEVER get his rights back again.

I too would call and just update the local police so that there is a record, and just let them know he is harrassing her, I also wonder why does he have your sisters phone number? I would have that changed, if he is not a part of that little girls life then cut all ties to him. asap.

I would also make sure that your sister has a readily available copy of the signed court papers that state he is no longer her father and gave up his rights in case he ever comes for her and she needs to call the cops, that way she has her proof right there.

that sure is scarey, and right near the holidays. is there a way to keep her safe at school so he cant take her from her school? also does the little girl know what he looks like so if she sees him she can alert a teacher, and it wouldnt hurt to notify the school also.

good luck

gr33n3y3z replied: well if he signed a document say he gave them up he has no right to her what so ever.

What she should do is put a restraining order aganist him for her and her daughter and there is your start for a paper trail

CantWait replied: That's called kidnapping, and child abduction....does he know that. What an idiot. Geez you and your sister deserve better for the "parents" of your children. How did you guys have such rotten luck.

I hope for these reasons things work out with Marcus.......you deserve it.

lisar replied: I would say if they went thru the court system then NO he cant. But if they didnt then yes he probably can. I would tell him personally that he isnt getting her until he pays all the back owed child support (cause will come in to play if he is serious) and that he needs to take me to court if he wants to see her.

Sorry your sister is going thru this. I hope it all turns out for the best.

mummy2girls replied:
yes I know.. im not sure why we attract losers. but finally she is happy with her fiance and me with marcus!

Hillbilly Housewife replied: My BIL signed over his parental rights for his first daughter... and he has no right to her whatsoever. He isn't even supposed to send her a card for an occasion. Absolutely NOTHING.

Brias3 replied: I'm sure the law is nearly the same in Canada as it is here, so if the "wait" period is over, then he has no right to force the child or parent into any such arrangement. If the child is in his possesssion without approval, she can file a kidnapping report. Even if he tries to take her to court, it will be useless.

At any rate, she should just call the police and file a restraining order. That's absurd of him.

redchief replied: In the USA. person who takes a child without parental permission is a kidnapper. It's a federal offense that carries many years of jail. Since her ex relinquished paternal rights and responsibility, he is no different than any other stranger. Your friend should call the police and sign a complaint regarding the ex's promise to kidnap her daughter.