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If I signed over custody , can I get custody back?

Fremont, CA |

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 ?

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Attorney answers 3

Best Answer
Posted

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
Fremont

This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

Posted

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.

Asker

Posted

i live in california, i didnt sign over right, i just agreed that the father will have custody,, but now i have a stable home and job.. will it be possible to get the child to live with me ?

Posted

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.

Asker

Posted

yes it was only for living situation, i didnt sign over my rights. will it be possible to get my son bak to live with me instaed of his dad , if its been almost 2 years already?

Maryam Atighechi

Maryam Atighechi

Posted

yes, you can file an OSC Re: Modifcation. You should consult with an attorney

Ruben Fuentes

Ruben Fuentes

Posted

The sooner you start, the sooner you will see your child to the extent as shared custody or more if it is in the "best interest of the child". Just be patient as the move may need to be done gradually to make the child comfortable.

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