QUESTION
Is it possible for his rights to be reinstated without me agreeing?
Asked on Dec 04th, 2012 on Child Custody - Colorado
More details to this question:
I have a three-year old son by my ex-boyfriend. We were never married . About a year after my child was born, his actions showed me that he was not ready to take on the responsibility of being a father and was in and out of my child’s life. His name is not on the birth certificate and he is currently not involved with our child. I decided to go to court for sole custody which I did not have a problem getting. He did not put up a fight. We both just signed a paper saying that we agree that I have sole custody of the child. We never even went before a judge. Today, my ex called my phone saying he wanted his rights back.
4 ANSWERS
Suzanne H. Lombardi
If there is court paperwork saying that you are the sole custodian he will have to go back to court to get the custody arrangement changed. If he goes back to court you may want to hire an attorney to make sure that your rights are protected.
Answered on Dec 06th, 2012 at 2:28 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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If there is a court order in effect, either parent is entitled to ask that it be modified if there has been a significant change of circumstances since the date of the order.
Answered on Dec 05th, 2012 at 3:02 PM
Steven D. Dunnings
He never gave up any rights.
Answered on Dec 05th, 2012 at 1:45 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It isn't totally clear what a judge did as to what you say is "sole custody", but it is important to understand that "custody" decisions do not terminate parental rights, it simply defines those rights. Generally, any judicial decisions affecting children are always subject to modification based on the best interests of the child. That means the ex-boyfriend is always free to seek a modification, that doesn't mean will succeed.
Answered on Dec 05th, 2012 at 1:45 PM