Term.Of Parental Rights Now Filing for Custody

[heatherkirkl]

My ex-husband has filed an emergency temporary custody (protection) order in the state of TN for our 12 year old son under the grounds of neglect. I have (had) sole parental rights for the past 8 years due to his voluntary termintation of parental rights to avoid jail time due to felony acts of violence against me during our divorce (Florida). My ex husband is still on probation for those acts. Over the years, as I have have forgiven my ex-husband for what he did to me, I have allowed visitation with our son. He did not pay any child support. March of 2009, I allowed my son to live with his Dad, under an understanding that it was temporary. It's complex, and for now I'll just stick to the facts.

I now understand it was my first mistake to allow visitation, but what is done is done.

My second mistake was to allow him to live with him, again, what is done is done.

When I said it was time to come home, my ex files this motion. I have always been a good mother and provided my son with all his needs, financially independant from any support etc...

My question is this: Since his parental rights were termintated in Florida, under the agreeance he would not have to serve jail time in exchange for the termination, and he waived all rights to further motions regarding child custody in that same document, and he is still on probation for those same crimes,

CAN he legally even be filling this motion? Can someone who terminated their rights, did not go to jail as a result, waived all rights to any furture proceddings in the matter, and still on probation be filing for custody?

The neglect issue is preposterous, especially coming from a man who was allowed to see his son, but never paid a dime to support him. Now, he is alienating me from our son. I contacted his probation officer, and she said she would not violate him since I allowed our son to go to TN to be with his Dad. Well and fine, I felt protected by my sole parental status.

Does that termintation mean nothing now, since I allowed him to visit (live temporarily) up there with his father? Also, before my son went to TN, I drafted a letter, and had it notarized, allowing visitation in TN, for 1 year, and giving him right to make medical decisions etc...I stated his parental say was second to my parental say. I signed the letter, but stupidly and naievly, I did not consult an attorney, or make him sign the agreement. Again, I felt protected, by my sole parental status and the fact he waived all rights to further proceedings in the child custody matter.

I am so blown away and taken aback by this....Do I have a leg to stand on with the original termination of parental rights he signed?

[LawsuitLawyer]

You just show the copy of the agreement and all the matter will be sorted out.