How do I sign over sole legal and physical custody of my child? 37 Answers as of July 02, 2013

How do I sign over sole legal and physical custody of my child to her father?

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Snake River Law PLLC
Snake River Law PLLC | Mark Petersen
If you want to sign over sole legal and physical custody for a child to the other parent then you need to create a custody agreement that states the other parent has sole legal and physical custody. This agreement would then be filed with the court and the judge would sign an order granting sole custody to the other parent. I would suggest that you contact a local family law attorney to draft the documentation for you or at least go to your local county courthouse and meet with the court assistance office.
Answer Applies to: Idaho
Replied: 4/5/2012
The Law Offices of Dave Hawkins
The Law Offices of Dave Hawkins | Dave Hawkins
If there is a parenting plan in effect, you may Petition to modify the PP based don Agreement designating him as the primary custodial parent. You would then be paying child support to him. Absent this procedure, it would be a crime simply to abandon your child. There is simply no way to run away from being a parent absent adoption.
Answer Applies to: Washington
Replied: 4/2/2012
Attorney & Counselor at Law
Attorney & Counselor at Law | John Hugger
Are you sure you want to do that? It is possible to do.
Answer Applies to: Colorado
Replied: 7/2/2013
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Are there any court orders at this time? If so, it is really easy, just get a lawyer to draft up the agreed custody orders and file them. If there are no orders right now, you need to get the case file started, that can still be done by a single lawyer, if all is agreed. The primary differences is that a filing fee for an original case is substantially more, there is more paperwork, and the Judge will require at least one of you to show up for a hearing (many judges will sign agreed orders to modify if they can compare prior signatures to the ones on the modified orders without a hearing).
Answer Applies to: Texas
Replied: 4/2/2012
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If there is a Paternity case on file, a Stipulation and Order modifying Child Custody would accomplish the purpose. If there is no such Paternity case on file, one of the parents should file a Paternity case, and the parties should enter into a Judgment providing that the father is awarded physical and legal custody.
Answer Applies to: California
Replied: 4/2/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    Mutual written Agreement signed, filed and approved with a Court Order by the Judge.
    Answer Applies to: Iowa
    Replied: 4/2/2012
    Law Office of Melvin Franke | Melvin Franke
    Hire a lawyer to prepare the necessary documents.
    Answer Applies to: Missouri
    Replied: 5/30/2013
    Salladay Law Office | Lance Salladay
    There has to be a Petition to Terminate Parental Rights and a sufficient reason to do so- then if a court is satisfied with the reason and that it is in the best interest of the child, a document must be signed in front of the judge- there has to be a hearing before the Petition will be granted.
    Answer Applies to: Idaho
    Replied: 3/30/2012
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    You must file documents in either Juvenile Court if you were never married or in divorce court if you were.
    Answer Applies to: Alabama
    Replied: 3/30/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You can only do that effectively as part of a judicial proceeding related to the allocation of parental responsibilities. If you do it any other way it may or may not be sufficient and it won't be permanently binding.
    Answer Applies to: Colorado
    Replied: 3/30/2012
    Ezim Law Firm | Dean Esposito
    You can draft a motion to transfer custody and file it with the judgment in which custody is transferred from you to another.
    Answer Applies to: Louisiana
    Replied: 3/30/2012
    Law Offices of Jayson A. Soobitsky, P.A. | Jayson A. Soobitsky
    In Maryland it can be done by written agreement called a Parenting Plan or a Court Order. COntact a lwyer first to make sure that you understand what rights you are giving up.
    Answer Applies to: Maryland
    Replied: 3/30/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    You get a lawyer, file a motion and got to court. The court will decide what actions are in the best interest of the child.
    Answer Applies to: Ohio
    Replied: 3/30/2012
    Law Office of Gregory Crain | Gregory Crain
    Have him adopt the child and do it in conjunction with the adoption.
    Answer Applies to: Arkansas
    Replied: 3/30/2012
    Peyton and Associates | Barbara Peyton
    Have a lawyer or paralegal draft up an appropriate document. Be prepared that you might be charged child support after assigning your rights to the father.
    Answer Applies to: California
    Replied: 3/30/2012
    Attorney at Law | Steven E. Ferguson
    If there is a court proceeding, such as a divorce or paternity action, custody may be modified by agreement and approved by the court. Placing custody will not terminate any child support obligations of the parent giving custody to the other parent.
    Answer Applies to: Oklahoma
    Replied: 3/30/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You would need to have a court order signed by the judge.
    Answer Applies to: California
    Replied: 3/29/2012
    Law Office of Joan M. Canavan | Joan Canavan
    The father of your children would have to file a Complaint for Separate Custody, Support and Visitation seeking sole legal and physical custody of your child. A motion would be scheduled and you would then go in to Court and tell the Court that you do not oppose Father's request for sole legal and physical custody of your child.
    Answer Applies to: Massachusetts
    Replied: 3/29/2012
    Milek Law Firm
    Milek Law Firm | Mary Elizabeth Milek
    First there will need to be an open custody case. Just tell the father's lawyer that's what you want to do. You will still have rights of visitation and must pay child support.
    Answer Applies to: Mississippi
    Replied: 3/29/2012
    Law Office of Lynda H. LeBlanc
    Law Office of Lynda H. LeBlanc | Lynda Leblanc
    You would need to draft an agreed order that you both sign and file with the court in the divorce or paternity action. You will need to include provisions for child support, taxes and health insurance, and parenting time. You should consult with an attorney and have an attorney draft or at least review the agreement before you sign it, as you want to understand all of your rights and what you would be giving up.
    Answer Applies to: Indiana
    Replied: 3/29/2012
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    Custody should be established by the courts. You should have the custodial parent to be file an complaint for sole custody.
    Answer Applies to: New Jersey
    Replied: 3/29/2012
    Bruce Plesser | Bruce Plesser
    To be safe make a motion for the relief sought.
    Answer Applies to: Florida
    Replied: 3/29/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    File a stipulation with the court reflecting this new parenting arrangement.
    Answer Applies to: California
    Replied: 3/29/2012
    Law Office of Alan J. Pransky | Alan J. Pransky
    If you and the father of the child agree, you can draft an agreement and a joint petition to modify the current judgment. You then file them in court and have a judge approve the agreement.
    Answer Applies to: Massachusetts
    Replied: 3/29/2012
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    You can prepare a stipulation and Order giving sole legal and physical custody to him and file it with the court.
    Answer Applies to: California
    Replied: 3/29/2012
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    To answer your question, you have to make a statement giving him custody and have it notarized.
    Answer Applies to: Georgia
    Replied: 3/29/2012
    Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
    You need to file a suit affecting the parent child relationship and either urge primary or sole custody by the father, in which case you could be assessed support, or termination of your parental rights, in which you cannot be assessed support in a private case.
    Answer Applies to: Texas
    Replied: 3/29/2012
    Vargas Law Office LLC | Ronnie Ismael Vargas
    You and the father can sign what is known as a Stipulation & Order regarding the custody and placement of the children and submit the same to the Court of Jurisdiction.
    Answer Applies to: Wisconsin
    Replied: 3/29/2012
    Law Office of Robert D. Rosanelli
    Law Office of Robert D. Rosanelli | Robert D. Rosanelli
    The most effective way to transfer custody to the other parent is by a written agreement, which would be presented to the court for approval. Any such agreement would make provision for your visitation (parenting time), if any. Also, it would be appropriate to make provision for the payment of child support, medical insurance and uncovered medical expenses.
    Answer Applies to: Arizona
    Replied: 3/29/2012
    Pingelton Law Firm | Dan Pingelton
    You must do it in connection with a court order approving this. See a lawyer.
    Answer Applies to: Missouri
    Replied: 3/29/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It is certainly possible for you to grant sole legal and physical custody of your child to her father, should you choose to do so. Such, in order to be permanent and binding, should be undertaken in a court proceeding. I believe most strongly that you should have an attorney look over the situation and explain to you all the rights that you may be giving up, as well as continuing obligations you may have regardless of the fact that you no longer have legal or physical custody of your child.
    Answer Applies to: Michigan
    Replied: 3/29/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer depends on whether a court proceeding has ever been initiated related to custody and/or parenting time. If it has not, a paternity action or an action to determine custody and parenting time must be filed. In that process, the parties may agree to custody and parenting time terms and those agreements will be memorialized as a court order. If there has already been a custody and /or parenting time order, you may file a Motion or file a Stipulation and Order modifying the terms of the existing order which is then entered as an order.
    Answer Applies to: Minnesota
    Replied: 3/29/2012
    PALMER | GEORGE, PLLC
    PALMER | GEORGE, PLLC | Brandie J. Rouse
    I suggest meeting with an attorney to discuss the full ramifications of giving a parent sole legal and physical custody of a child. This is different than terminating your parental rights in that you would still be obligated to pay child support.
    Answer Applies to: Idaho
    Replied: 3/29/2012
    Anthony Saunders Esq., PLLC | Anthony M. Saunders
    In Utah, you have to file the paperwork with the court to establish this. The proper paperwork will depend on whether you have a court order in place already or if this is your first attempt at going to court to establish this. In either event, the process can be extremely smooth so long as both parties agree to everything and you can probably find an attorney to draft it all for you for a relatively lower fixed fee. However, you could also use the Utah Courts Website to draft your documents but I am not sure if they will have all the documents you will need.
    Answer Applies to: Utah
    Replied: 3/29/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You find a mother to adopt. You don't get to quit being responsible for your child.
    Answer Applies to: Washington
    Replied: 3/29/2012
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