A mother who signed an order to terminate her parental rights is seeking to have it reversed at South Dakota Supreme Court.
Jessica Ibanez and Jared Miller divorced in 2007 after she discovered her husband was having an affair, live news website KEOLAND.com reports. The site states that following the breakup Ms Ibanez had financial and emotional issues and asked Mr Miller to look after their three daughters with his new wife. Ibanez offered to pay child support.
Miss Ibanez then asked to terminate her rights to visitation and child contact, according to Mr Miller’s lawyer Clint Sargent:
“Jessica Ibanez approaches the Millers and she wants to voluntarily terminate her rights”.
She signed the pertinent documents at a 2009 hearing at South Dakota Supreme Court, without her own legal representation.
For waiving her rights, she was forgiven outstanding child support payments by Miller. According to her lawyer, Jason Sutton, Ibanez was also promised continued contact with her daughters by her ex-husband, which she has not had.
Mr Sutton is attempting to reverse the order terminating her parental rights.
He has said that in that hearing Miss Ibanez was not asked the right questions about why she was giving up her rights. He also stated that because she was not legally represented she did know the importance of explaining Mr Miller’s promises to the court.
Miller’s lawyer said that Ibanez had plenty of opportunities to get an attorney during the proceedings but neglected to do so.
South Dakota Supreme Court will issue a decision at a later date.
Jared Miller is the brother of NBA basketball player Mike Miller.