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?
Family Law Attorney
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 advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information and materials provided may not apply to any specific factual and/or legal set of circumstances. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.
Workers' Compensation Lawyer
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 welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established
1 found this helpful
2 lawyers agree
Family Law Attorney
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.
Child Custody Lawyer
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....
1 lawyer agrees