In re Termination of Parental Rights of Ibanez
Annotate this CaseThe mother of three girls (Mother) signed a petition to voluntarily terminate her parental rights, attesting in an affidavit that she believed it to be in the best interests of her children for her children to remain with their father and to be adopted by his wife. After a termination hearing, the circuit court found Mother had voluntarily consented to the termination of her parental rights and ordered permanent termination. The court then entered judgment declaring the children to be the adopted children of their stepmother. Mother later moved to vacate the judgment terminating her parental rights, alleging fraud upon the court because she was "secretly paid" monetary consideration and given "secret promises" of continued visitation with her children. The court denied Mother's motion to vacate, ruling that Mother failed to establish exceptional circumstances warranting relief. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in balancing undisclosed side agreements and unsettled arrangements for continued parent contact with the children's need for stability and finality.
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