cunundrum69
Member
California State.
I need some advice badly.
I am the father of a 6 year old child. (The mother is completely out of the picture and gave up parental rights to me.) 5 years ago I gave up parental guardianship of my son to a close family member who wanted to take guardianship to help me out during a rough time of my life. It was on the agreement that guardianship of my son was to be handed over to them for the sole purpose of allowing me to become financially stable enough in the future to finally be able to provide for my son on my own at a later time. Before I handed over guardianship of my son to the family member, we drafted up a contract that we both signed and dated under penalty of perjury, which stated that it is agreement of both parties that guardianship of my son was to be handed over solely to enable me to become financially stable enough in the future. That I, as the father, can revoke their guardianship at any time, and that they can never refuse to give me back guardianship, under any circumstances. It is also the agreement of the parties that I, as the father, will never have to pay child support to the legal guardians during this time. Therefore this contract hands over guardianship on the agreement that the father does not have to pay monetary support for the child during the time they have guardianship and guardianship is handed over to assist the father become financially stable.
A several years ago, I got into a disagreement with the family who has guardianship and we stopped speaking on a friendly basis. It seems that they have been collecting state aid for support. Last week I got a statement from the county child support agency which said that I owed back child support (arrears) in the amount of $15,500. This is devastating to my financial situation. I lost my job because my license got suspended because of failure to pay the child support and I needed that to go to work, and because I have no license I can't go out and make money. I never received prior notice of child support payments. I gave up guardianship on the agreement that it was to assist me to become more financially stable and on the contractual agreement with the people I was handing over guardianship to that I would never have to pay them child support. Now it appears that they are ignoring their agreement signed under contract. Having to pay this back child support is not designed to help me become more financially stable. When I reminded them of the agreement they signed under penalty of perjury, they became combative with me, and said they were backing out of the agreement and that it was worthless. I then said that I was thinking it is time for me to get back guardianship of my son. They said that i am now in debt and since I was recently laid off from work, they will refuse to give me back guardianship. What am I able to do? The contract they signed said they can't refuse to give guardianship back to me. Can I schedule a court hearing and show the judge the contract I signed with them prior to handing over the guardian rights? It seems like they were planning to never honor the contract from the beginning?
TWO QUESTIONS:
1.) I should be exempt from their attempt to collect child support from me since they agreed never to collect child support as a condition of me handing over the guardianship over to them in the signed contract, right? A judge should honor the contract, right?
2.) I should be able to get guardianship of my son back because they agreed to never attempt to prevent me from getting guardianship of my son back? I don't have a bad criminal record, or past. I'm just not the wealthiest guy on the planet. Can they renege on their agreement in the contract?
Should I be worried?
I need some advice badly.
I am the father of a 6 year old child. (The mother is completely out of the picture and gave up parental rights to me.) 5 years ago I gave up parental guardianship of my son to a close family member who wanted to take guardianship to help me out during a rough time of my life. It was on the agreement that guardianship of my son was to be handed over to them for the sole purpose of allowing me to become financially stable enough in the future to finally be able to provide for my son on my own at a later time. Before I handed over guardianship of my son to the family member, we drafted up a contract that we both signed and dated under penalty of perjury, which stated that it is agreement of both parties that guardianship of my son was to be handed over solely to enable me to become financially stable enough in the future. That I, as the father, can revoke their guardianship at any time, and that they can never refuse to give me back guardianship, under any circumstances. It is also the agreement of the parties that I, as the father, will never have to pay child support to the legal guardians during this time. Therefore this contract hands over guardianship on the agreement that the father does not have to pay monetary support for the child during the time they have guardianship and guardianship is handed over to assist the father become financially stable.
A several years ago, I got into a disagreement with the family who has guardianship and we stopped speaking on a friendly basis. It seems that they have been collecting state aid for support. Last week I got a statement from the county child support agency which said that I owed back child support (arrears) in the amount of $15,500. This is devastating to my financial situation. I lost my job because my license got suspended because of failure to pay the child support and I needed that to go to work, and because I have no license I can't go out and make money. I never received prior notice of child support payments. I gave up guardianship on the agreement that it was to assist me to become more financially stable and on the contractual agreement with the people I was handing over guardianship to that I would never have to pay them child support. Now it appears that they are ignoring their agreement signed under contract. Having to pay this back child support is not designed to help me become more financially stable. When I reminded them of the agreement they signed under penalty of perjury, they became combative with me, and said they were backing out of the agreement and that it was worthless. I then said that I was thinking it is time for me to get back guardianship of my son. They said that i am now in debt and since I was recently laid off from work, they will refuse to give me back guardianship. What am I able to do? The contract they signed said they can't refuse to give guardianship back to me. Can I schedule a court hearing and show the judge the contract I signed with them prior to handing over the guardian rights? It seems like they were planning to never honor the contract from the beginning?
TWO QUESTIONS:
1.) I should be exempt from their attempt to collect child support from me since they agreed never to collect child support as a condition of me handing over the guardianship over to them in the signed contract, right? A judge should honor the contract, right?
2.) I should be able to get guardianship of my son back because they agreed to never attempt to prevent me from getting guardianship of my son back? I don't have a bad criminal record, or past. I'm just not the wealthiest guy on the planet. Can they renege on their agreement in the contract?
Should I be worried?
