QUESTION
How do we begin having my son's mother, who I was never married to, sign over her custody rights to me?
Asked on Dec 31st, 2012 on Child Custody - Colorado
More details to this question:
I was never married to her. My son is beginning to seriously misbehave in school. His mom has no control over him or her situation. Her parolee brother who is constantly intruding her house high on heroin has become his new idol. Tyler (12) comes with me every year to Argentina were he is undefeated in alpine skiing since he was 6 . I am trying to get him into a Ski Academy before he gets kicked out of his local school. In Argentina he is a different person, and I only get congratulated on his behavior and sportsmanship, not to mention physical ability. With his mother, he steals pot from his uncle, and gets suspended from school for bringing it. I'm fearing we will get to a point of no return. Now his mother willingly wants to sign over custody to me to bring him back east and seasonally to Argentina. Where do we begin?
8 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If the mother is willing to grant you custody, find a local family law attorney to prepare an agreed entry doing so.
Answered on Jan 09th, 2013 at 12:51 PM
Marc John Weinpel
A simple answer is not possible. If paternity has never been established, that is the starting point- formalization of a legal relationship by a Court. Next, a court order awarding you legal and physical custody, etc. Special orders may be necessary for removal to Argentina.
Answered on Jan 09th, 2013 at 12:50 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Find a good attorney to draft a custody agreement that the court would accept.
Answered on Jan 09th, 2013 at 6:58 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Your best bet is to file an action here to have the court grant you sole legal and physical custody. It will be difficult with you in Argentina, but if you can show that it is in your son's best interest, then you might win.
Answered on Jan 07th, 2013 at 1:17 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You can start a paternity proceeding, or reopen one if one was started when your son was small, and ask for a change in placement and/or legal custody. Consult an experienced family lawyer.
Answered on Jan 07th, 2013 at 1:16 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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If you already have a custody or child support case, simply write up your agreement, have an attorney look it over (preferably), and file the agreement with a local "Stipulation and Order" form attached. If there has been no custody/court action ever, then you would need to stipulate to parentage and enter the agreement as above.
Answered on Jan 07th, 2013 at 1:15 PM
Stanley Stephen Spring
You need to get counsel right away. You need a judgment of paternity or at the least and you have a case for custody. Get a lawyer right away.
Answered on Jan 07th, 2013 at 1:15 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You need to file a paternity case in the state where mother and child currently reside so that a court can first legally declare that you are the child's father and then give you whatever parental rights and authority is appropriate and in the child's best interest. If the mother agrees with what you want to the court to do, that is probably what will happen; if she doesn't, the judge will have to decide. The important thing you need to know is that until there is a court order you have no legal rights and their mother can't just "give you her rights".
Answered on Jan 07th, 2013 at 1:14 PM