How can I get full rights of my daughter? 11 Answers as of May 03, 2011

I have full custody of my 7 year old daughter and her dad wants joint custody. I do not agree the times he made plans for holidays something always came up. He has hardly seen her because she don't want to see him and she won't talk on the phone either. Can I get him to sign his full rights over to me?

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Harris Law Firm
Harris Law Firm | Jennifer C. Robins
Custody of a child in Oregon has nothing to do with parenting time or visitation. It simply means which parent has the legal authority to make major life decisions regarding the child. In Oregon, a court will not order joint custody, so if you do not agree and you already have full custody, that cannot change. If you are worried about the parenting time or what your child's father has planned for his parenting time, you may be able to file a motion with the court to modify or limit his parenting time.
Answer Applies to: Oregon
Replied: 5/3/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Your question seems inconsistent. If you truly have "full custody" there isn't much else to be done. If you mean terminating all of the father's legal rights, then it is unlikely you can get "full rights". The law won't allow him to relinquish his parental rights voluntarily, and you can't force him to do so, unless it is in connection with an adoption where someone else will become the legal parent. Since Colorado doesn't use any form of the term "custody" any more, it is not clear what your real concern is. If there is an existing court order that describes what you call "full custody" then it sounds like the father is wanting to modify that parenting plan in order to get more time with the child. Depending on what the current order says and why he wants to change it, he may well succeed. The law does not allow a 7 year old child to decide whether to see the other parent. That is a court decision if you and dad cannot agree. You may need to get a qualified mental health professional involved to determine why the child doesn't want to be involved with her Dad and how to fix that, if there is no good explanation.
Answer Applies to: Colorado
Replied: 5/3/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
I think you need to consult with an experienced Family Law Attorney in your area. You said that you have "full custody". Do you mean 'sole legal and physical custody'? If so, the "full rights" you are talking about wanting him to sign over would appear to be status as the girl's father. Unless he is a real deadbeat, that is not likely, right? You have the right to act unilaterally with regard to your daughter, but he still has visitation rights. If you want to take those from him, it appears that he will fight you. At seven years old you should be encouraging her to speak with her father. She is too young to refuse to see him, or especially, to speak with him. It is not healthy for her, or in her best interests.
Answer Applies to: California
Replied: 5/2/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
If he wants joint custody, it is unlikely that he will sign his rights over to you. The courts generally award custody based on the best interests of the child. If there is a legitimate reason why your daughter does not want to see her father, the courts will consider that. However, if not, the courts will generally look to see which parent is more likely to encourage a relationship with the other parent when awarding custody.
Answer Applies to: California
Replied: 4/29/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
He can sign over his parental rights however the courts will allow him to repudiate the agreement later if he goes to court with an attorney. Do nothing and let him take you to court.
Answer Applies to: California
Replied: 4/29/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    I don't know if this the answer that you really want. Signing over is rights is a permanent thing. You need him to cooperate - more or less, but consistently nonetheless. It seems that you need to have your visitation agreement modified. If you would like, you can speak with us for free, no obligation, to discuss your situation. We offer free 30 minute consultations.
    Answer Applies to: Illinois
    Replied: 4/28/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    Whether or not visitation between a non-custodial parent and child occurs should not be the decision of a 7 year old child. A parent that is truly interested in the well-being of the child generally should encourage and be supportive of the child's relationship with the other parent, regardless of the differences between the two parents. Getting the other parent to sign over his rights to you may ultimately be detrimental to your child, so I would ask you to reconsider your motives would it be to benefit you or your child?
    Answer Applies to: Georgia
    Replied: 4/28/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    The father is going to get reasonable contact with his daughter. If he has problems, often you can condition his contact so severely he goes away despite his rights. The best predictor of future behavior is past behavior and if he's ignoring her now, he'll probably ignore her in the future. Good luck.
    Answer Applies to: Washington
    Replied: 4/28/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You would be able to get full rights to your daughter if her father and you enter into a Stipulation and Order giving you sole physical and legal custody. If your 7 year old daughter has good reasons for not wanting to see or talk to her father,and her father files and serves papers seeking joint custody, you should retain an experienced Family Law Attorney to represent you in the custody battle.
    Answer Applies to: California
    Replied: 4/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You cannot force a parent to "sign their rights" over. Ultimately, initial custody and parenting time orders are devised by a court based on what it believes may be in the child's best interests. In such an action, any relevant factors related to parenting may be considered.
    Answer Applies to: Minnesota
    Replied: 4/29/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Generally, the courts don't want to remove a parent from the life of a child. Based on the bare facts that you state, I doubt a court would grant a petition to terminate parental rights. You would have slightly higher odds if done by agreement, but is that really in your daughter's best interest as opposed to your interests? Stay well.
    Answer Applies to: Alabama
    Replied: 4/28/2011
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