North Hollywood, CA asked in Family Law, Child Support and Divorce for California

Q: On going 4 year battle with divorce and custody.

My divorce/child custody battle has been ongoing for almost 4 years. My youngest is 10 but always goes where the money is which is his dad. I’m low income and going to school full time. Honestly I’m tired mentally and emotionally, this whole process is draining me and my health just feels like it’s been going down ever since. I’m tired of fighting and my son keeps insisting he wants to live with dad. Can I sign over my legal rights?? And just have him live with dad.. I’m tired of always feeling like a failure since I’m not enough for my son since I don’t have money.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: I understand that you are going through a difficult and emotionally draining situation. However, before making any decisions, it is essential to consider the long-term consequences and explore all available options. Here are some points to consider:

1. Consult with your attorney: Discuss your feelings and concerns with your attorney. They can provide you with legal advice and help you understand the implications of signing over your legal rights.

2. Explore alternative custody arrangements: Instead of completely signing over your rights, consider discussing alternative custody arrangements with your ex-spouse and attorney. This may include joint custody with a modified schedule or visitation rights that work better for your current situation.

3. Seek support: Dealing with a prolonged divorce and custody battle can take a toll on your mental health. Consider seeking support from a therapist, counselor, or support group to help you cope with the emotional challenges you are facing.

4. Communicate with your son: Your son may be expressing a preference for living with his father due to various factors, including financial stability. However, it is essential to maintain open communication with him and reassure him of your love and support, regardless of the custody arrangement.

5. Focus on your well-being: Prioritize your mental and physical health during this challenging time. Engage in self-care activities, lean on your support system, and continue pursuing your education, as it can lead to better opportunities in the future.

Remember, signing over your legal rights is a significant decision that can have long-lasting effects on your relationship with your child. It is crucial to carefully consider all options and make an informed decision based on your unique circumstances. Consult with your attorney and trusted advisors before taking any action.

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