Non - custodial parent is claiming I "tricked" them into giving up their legal custody.

Asked over 1 year ago - Sacramento, CA

The non custodial parent has never shown much interest in making legal decisions in regards to our child. About 1 1/2 years ago, NCP signed a stipulation that I would be awarded full legal custody. Now that I am taking NCP back to court to ask for supervised visitation, they are claiming I "tricked them" into signing this stipulation (this whole legal custody issue really has nothing to do with the current issue before the court, I think they are just complaining to complain). I am pretty sure I did everything by the books (used a notary public, filed the stipulation with the court, served a copy onto NCP once completed), so is there any merit to this complaint? Will they just appear petty?

Attorney answers (4)

  1. Brent James Pfeiffer

    Contributor Level 9

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    Lawyers agree

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    Answered . You need to meet with an attorney to discuss this issue. Your saying your "pretty" sure you did everything by the books may not be correct. Furthermore, you said ncp has never shown "much" interest in legal custody. Has NCP been exercising physical visitation and why do you want supervised visitation?

    You should consult an attorney for advice regarding your individual situation. We invite you to contact us and... more
  2. Alexandra Rachel Lavinsky

    Pro

    Contributor Level 13

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    Lawyer agrees

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    Answered . The main issue is where has the child has resided and what the conduct of the parties has been. If you have had the child for the last 11.5 years and the other parent has been non existent, I don't see that the alleged forced signing is grounds for the change of custody. It is a question of what is in the child's best interest and whether a significant change has occurred to justify the change requested

    The information and material are provided for general informational purposes only and are not intended to be legal... more
  3. Debra Vaniman Crawford

    Pro

    Contributor Level 13

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    Lawyer agrees

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    Answered . Is NCP just saying you tricked them or are they trying to modify to Joint Legal Custody? The Court will look at their behavior regarding this child -- have they been interested and/or involved in the child's life, etc.

  4. Jennifer Anne Coenenberg

    Contributor Level 6

    1

    Lawyer agrees

    Answered . Is NCP requesting Joint Legal Custody now? It really depends if that is an issue brought up in terms of a requested modification. Whether he will say that you 'tricked' him or not, he signed the document. Then it really becomes an issue of whether the court sees it appropriate, based on the history of what has been going on whether to modify your previous stipulation to allow joint legal custody. But it sounds like there is a lot more involved, especially if you are requesting supervised visitation....

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Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Legal custody

Legal custody of a child means that a parent has legal authority to make religious, medical, or other significant decisions that affect a child's upbringing.

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