Stockton, CA asked in Family Law and Child Custody for California

Q: My son's father signed all his rights over to me I have full custody of my son now can the father ask for 50/50 still

Related Topics:
3 Lawyer Answers
Tobie Brina Waxman
Tobie Brina Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: That depends on what you mean by he "signed all his rights over to me". If there is no court order to that effect, or no court order having him deemed to have given up his parental rights, then yes, he can still seek his own court orders for custody.

Andrew George Marcellino
Andrew George Marcellino
Answered
  • Divorce Lawyer
  • San Jose, CA
  • Licensed in California

A: There is a difference between signing "all of his rights over to you" and simply having sole custody. If Father legally terminated his parental rights, then he cannot seek custody. If Father did not terminate his parental rights, then he can seek a modification of custody depending on the circumstances particular to your case, whether or not there has been a substantial change in circumstance (if applicable), what is in the best interests of the child, etc... You should consult with a local attorney to discuss in more detail.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
PREMIUM
Answered
  • Divorce Lawyer
  • Brooklyn, NY
  • Licensed in California

A: What did he sign? Was there a court order terminating parental rights? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.