Saturday 24 September 2011

My ex signed over legal custody to me 5months ago, now is changing his mind? Can I lose custody of my child?

He signed willingfully, already approved by court. Now changing his mind, and is taking me back to court. I have been the only one caring for my child since the divorce, (he picks and chooses when he wants to see my child) all of his needs are well taken care of. I've had the same job for 6years, no drugs, no convictions, all I do is work to support my child (since the ex has stopped paying any CS), please help
My ex signed over legal custody to me 5months ago, now is changing his mind? Can I lose custody of my child?
He can try and take you back to court but based on the fact that he willingly signed over custody, he's not going to have a leg to stand on. Courts don't work that way. They see a parent who didn't want to be in the child's life, who didn't help with the upbringing, yet stands before them demanding custody? On what grounds? If anything, it shows instability on his part and immaturity. The guardian adlitem and social worker see right through this. In fact, I can almost guarantee that he is a man who likes to have control, is doing this only because of child support arrears or you've started to move on with your life.



Hold your ground honey. It'll suck the life out of you, but this is a fight worth fighting and you will be fine in the end. Just don't waiver and don't give an inch. This is about what is best for your child.



I wish you well sweetie and you hold your chin up, you've been doing everything you are suppose to be doing. Things will be okay in the end.
My ex signed over legal custody to me 5months ago, now is changing his mind? Can I lose custody of my child?
That may be why he wants to get custody so he cannot be taken to court for not paying child support( you can get it taken from his check as well). You need to get someone to check out his background and activities to see if he is fit and when you are in front of a judge and your lawyer, then tell them what you just told all of us.
do you mean he gave you sole custody or that he terminated his rights to his child?



If he terminated his rights - that can't be reversed...if he gave you sole custody, he has every right to change his mind and want to be more a part of the child's life. You won't lose custody, but he is entitled to joint custody.
No judge will take custody away from a woman unless that woman is a bad parent and that is pretty hard to prove. The most the judge will do is grant joint custody, but you will still be the custodial parent.



I believe the judge (unless he is not in his right mind) will only grant a temporary change (probationary) for probably 6 months to a year. The judge will probably question heavily what changed his mind and why should he believe him now!



In the end, you will be the custodial parent. The real question for you, is can you share this with the %26quot;father%26quot; and not get into pointing fingers and saying what a jerk he is, etc. Do not make your child a battle ground between you. All 3 of you will lose, especially your two's child.



Good Luck %26amp; Happy New Year!! 2008 will be better!!!!!!!!!
I think his case is very weak, and yours is very strong. You have been caring for your child...he gave up his legal right to custody. You have been allowing your child to see him. upon request. You are supporting your child financially. He is not paying child support.



You are doing all the right things for your child.
If all is true. There is no way you would lose custody. They may not even give him partial custody. So just continue to do what you are doing and it will pass.
what caused him to sign over custody, judges are loath to change a custody arrangement unless there is a very good reason, so unless there is a good reason a judge probably won't change it and i don't know the reason but the 2 of you cannot be bouncing this child back and forth like this so if i were you i would fight it and just leave it the way it is now as you cannot have a dad just picking and choosing when he wants to see a child
If he signed it over without any sort of duress, hopefully he's SOL. Get a good lawyer.