Ex-GF signed over sole custody of baby, now wants it back, can she?

[CALawyer]

re: custody

Yes, your ex-girlfriend can request a change in custody.

There a number of factors to consider. Briefly:

Courts give importance to the maintenance of stable custodial and emotional ties for the child re: custody disputes; in cases where custody has been lawfully acquired and maintained for a significant period, the noncustodial parent seeking custody (i.e. a change in custody) bears the burden of persuading the court that a change in custody is in the child's best interest.

If you’re existing custody order reflects a mutual intent to make a final custodial arrangement, the aforementioned burden applies. Note that courts often assume stipulated custody orders are not intended as final. If the court determines the existing custody arrangement was meant as temporary, the court will assess what is in the best interest of the child without affording the custody order much weight (i.e. the court will re-examine afresh the totality of the circumstances.)

There is a laundry list of criteria that the court uses in a “best interest” analysis; from what I have read, you listed several circumstances favorable to you.

Regards,

David

 

[dadincalifornia]

There must be a legal basis in CA for a court to order NO visitation. What was it?

The court just signed the Stipulation and Order. She voluntarily gave me full custody and no visitation rights. Now she wants to get it back.

 

[Zigner]

The court just signed the Stipulation and Order. She voluntarily gave me full custody and no visitation rights. Now she wants to get it back.

I would suggest that you not refer to the child as "IT" in the courtroom.




(I'm just ribbing you a bit - smile - things look fairly decent for you )

 

[mommyofmany27]

Not sure if this matters but I just wanted to point out that it's possible that the mother in this case posted as well, though the age the mother has for the child is 9 months the stories are incredibly similar. I'm being vague because I don't want to get dinged for pointing this out if I really shouldn't be.

 

[liandrajade]

Not sure if this matters but I just wanted to point out that it's possible that the mother in this case posted as well, though the age the mother has for the child is 9 months the stories are incredibly similar. I'm being vague because I don't want to get dinged for pointing this out if I really shouldn't be.

curiosity is pinging me, which other thread are you referring to?

 

[Isis1]

curiosity is pinging me, which other thread are you referring to?

me too. and no you will not get dinged. i want to know too!!

 

[mommyofmany27]

https://forum.freeadvice.com/child-custody-visitation-37/getting-my-parental-rights-back-ca-500889.html




Way too similar not to be connected I think.

 

[CourtClerk]

https://forum.freeadvice.com/child-custody-visitation-37/getting-my-parental-rights-back-ca-500889.html




Way too similar not to be connected I think.

Ummm.... sounds like mom to me.

 

[liandrajade]

yep.....thats mom alright....now what woman in her right mind just gives up her baby like that? i dont mean besides adoption that is voluntary, sounds like she didnt care at all and just didnt want to be tied down.....ugh...im disgusted i cant stand women or men like that, it goes both ways....i try not to judge people but really lady???.....

last time i checked, once parental rights have been terminated thats it, youre done regardless of the state or whatever?...

and does dad just have SOLE CUSTODY or was moms rights really terminated?..nevermind saw that dad has sole custody......

 

[LdiJ]

She has dual American and Mexican citizenship. Does it go against me that I was paying for her apartment after she gave me sole custody, even though we didnt live together? thanks

In that case mom could/should very well get visitation rights.

Mom is an American citizen and Mexico is a signatory to the Hague Convention. Mexico is very cooperative about Hague Convention issues.

If her apartment was in YOUR name that could be a problem, because it would be difficult to prove that you were not living together if she was living in an apartment in your name. If the apartment was in her name and you were simply paying her rent, then its not relevant.

 

[Ohiogal]

In that case mom could/should very well get visitation rights.

Mom is an American citizen and Mexico is a signatory to the Hague Convention. Mexico is very cooperative about Hague Convention issues.

If her apartment was in YOUR name that could be a problem, because it would be difficult to prove that you were not living together if she was living in an apartment in your name. If the apartment was in her name and you were simply paying her rent, then its not relevant.

I agree with what you are saying but there is a twist on the bolded that needs to be considered. I.e. MOTIVE. The reason being if dad quits paying mom's living expenses and mom then and only then decides she wants visitation it brings up questinos about WHY she would only then want visitation. Was there a bit of baby brokering happening? Was it a backdoor deal?

 

[stealth2]

I can't help but wonder if Mom was suffering from PPD at the time. And has since realized the error of her ways.