Skip to main content

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

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

Posted

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.

Mark as helpful

1 found this helpful

1 lawyer agrees

Posted

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

Mark as helpful

1 found this helpful

2 lawyers agree

1 comment

Asker

Posted

Thank you for your response. NCP has not exercised vistation in 1 year, so I filed for supervised visitation to prevent NCP from just showing up out of nowhere and disrupting my childs life (child is mentally disabled). NCP has never been in contact with our child's teachers, tutors, or doctors in the 4 years that I have had full physical custody, they have only asked for updates during pick ups and drop offs for visits. But, like I said, there has been no contact for the past year until I filed, so I feel NCP claiming I "tricked them" out of legal custody will not have much merit considering the lack of physical contact and the fact my child's teacher and tutors have never been contacted by NCP.

Posted

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.

Mark as helpful

1 found this helpful

1 lawyer agrees

1 comment

Asker

Posted

Thank you for your response. During mediation, the mediator asked NCP why she is not involved with our child's education and therapy. NCP responsed it was my responsibility to keep her updated on everything going on with our child. Mediator responded that I was not legally obligated to keep her "updated" since I had full legal custody. NCP claimed she never agreed to this and started to argue with the mediator over the issue. I really do not know what she wants because she has not been involved with the child for a year now, has never once talked with any of his teachers or tutors, and has even ignored their calls when they tried to reach out to her.

Posted

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....

Mark as helpful

1 lawyer agrees

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics