If I verbally agreed to give my ex-husband full custody of our son, canI get my full custody back?

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If I verbally agreed to give my ex-husband full custody of our son, canI get my full custody back?

I gave my ex-husband full custody of our son to get out of the military. We had a verbal agreement; he didn’t go thought with it. Is there anyway I can get full custody again and fight for for my son? I don’t get to see him often. It’s only when my ex wants me to see him.

Asked on July 23, 2011 Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

But you either signed an actual agreement to give him full custody or you did not object when he petitioned the court, correct?  Then I think that you need to hire an attorney as soon as you possibly can in order to petition the court to set aside the agreement that you made.  This is a very delicate situation here and you need to sit with an attorney to figure out strategy on the matter at this point in time.  You do not want to have the court believe that you were helping him perpetrate a fraud on the military or maybe you do but put it in a better light.  If there is some way to obtain some leverage here against him then explore that as well. But at the very least you should get joint custody and try for being the custodial parent.   Good luck to you.


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