Q: Can my sister keep my son with a letter i was forced to sign giving her rights?
hello my name is Susan in may of 2023 my son was 2 i was having severe postpartum depression since i let it get out of control and never spoke to my doctor for help. My parents kept my son i didn't tell them i went to get help do to them not believing some one can have postpartum depression. Now in september i got my son back and we were kicked out of our house so i asked my parents to keep him there until i could find a place for my family to live. This is where things got complicated. They forced me to sign a written letter saying my sister gets custody of him but it was not done in a legal matter. My son misses me and his dad very much but now they are keeping us away from him and not giving him back. What actions do i need to take to get my son back?
A: In California, custody arrangements must be formalized through the court system to be legally binding. If you were coerced into signing a letter without a court order, that document generally would not have legal standing. You should promptly consult with a family law attorney to discuss the specifics of your situation and determine the best course of action to regain custody of your son. The lawyer can assist you in petitioning the court to establish or modify custody orders. It's also important to gather any evidence of the coercion you faced, as this could be relevant in court proceedings. Remember, your right to seek legal redress is protected, and the courts typically prioritize the welfare of the child, which includes maintaining a healthy relationship with both parents.
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