Hes about to turn 5. Hes been with his dad since 3.. I only signed over cuz I moved and I wasnt stable, now I am can I get him back to live with me ?
Divorce / Separation Lawyer
Our office has maintained a family law practice in Alameda County, Santa Clara County and Contra Costa County for the past 31 years. I have represented several thousand of individuals in family law matters.
Simply stated, the court will do what is in the best interest of the child. To your benefit, one of the court's concerns is that a child have as much time as possible to spend with both natural parents. Obviously, this requires some reunification program to enable you to gradually get back into the child's life and provide the child with a huge comfort zone in regard to you having a regular role as his Mom. The sooner you start the process, the quicker we will obtain results. I believe it would be in your best interest to contemporaneously attend a complete parenting class to show the court that you are very serious and committed to this matter.
I hope this is helpful.
John N. Kitta
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I don't know what signed over rights means. Unless the court ordered it by an agreement, there can be no signing over rights. Only the court can order rights terminated and it must be done in probate or juvenile court. Family court can only limit your parental rights not terminate them.
If you signed something simply stating that you agree to terminate your rights, it is meaningless.
This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.
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Child Custody Lawyer
If what you mean by "signed over" is that you agreed or stipulated to have sole custody provided to his dad, then yes, you can file a modification with the court to change that order and have more time. If you terminated your parental rights then that is a different issue.
Maryam Atighechi is a family law, real estate and civil litigation attorney in Sherman Oaks, CA. 310-498-1057. Please be advised that although Ms. Atighechi is an attorney, the comments posted does not constitute legal advice. You should not rely on any advice or suggestions written and seek outside, independent counsel. An attorney-client relationship has not formed by reading the post.
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