Q: Can courts take away my legal custody just because I agreed mother have it and changed my mind before it was ordered?
My family moved to Florida in August 2019. Mother requested with my move that I give her sole custody. I, unknowing my rights and feeling I had to do so agreed. We went to court and the minute order did not reflect her having sole custody. I signed the minute order her attorney sent me and mailed it back to her attorney. I messaged mother 5 months later and the subject came up. She said I should have received a order to sign giving her legal custody. I let her know I didn’t agree to it anymore, didn’t know my rights and now taking me back to court to get it finalized. Her attorney nor herself never notified me for 5 months that I needed to sign something until I brought up myself still having joint legal. That’s a long time to go if I really just didn’t sign something I was supposed to. Can mother just take legal custody because I offered it? Will the courts do so? Mothers reasoning for wanting it is to eliminate the power struggle but there isn’t one.
A:
From what you said I am assuming there is some type of court hearing set in California regarding custody; and mom has an attorney.
The fact pattern you are describing is a little vague as to details, but again I am assuming you moved to Florida and mom remained in California, with the kids.
I am unclear on what type of time share you have enjoyed since your move and what contact you have with the child during that time, and the answer to that may impact the court's decision on the final custody decision.
You are obviously unclear on what has or has not transpired up to this point, and you are correct, you do need counsel to help you. You should immediate retain one since it sounds like a hearing is already scheduled. Look for an attorney that is in close proximity to where your case will be heard as they will have knowledge of the local rules and practices, which can be very important.
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