What to do if 3 years ago I signed over physical and legal custody to my children’s father but now I would like thm back?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if 3 years ago I signed over physical and legal custody to my children’s father but now I would like thm back?
At the time I was not capable of taking care of them. Now 3 years later, I am fully capable of taking care of them. The father has been imprisoned for a week now, with no chance of getting out for a while (they are very severe charges). Before he went to jail, he had an entrustment agreement for temporary placement of child notorized (was not taken in front of a judge). Do I have right’s for these children to be placed with me since the birth father is now imprisoned. And I do still have all my rights?
Asked on December 15, 2012 under Family Law, North Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
So long as you have not given up your children for adoption you have the opportunity to regain physical and legal custody of them. In order to do so I suggest that you consult with a family law attorney to see about getting a stipulation from the father for your cusotdy and if he refuses, the filing of a petition with the court seeking such.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.