Legal Question in Family Law in California

Father with full custody

My question is this my boyfriend and I have custody of his son, and have for over a year. The boys mom moved to Georgia in october 2003 and signed over rights to us at that time. She has since returned and after a year and a half she wants to try and get custody again. She makes false statements and has called the police saying we neglect him and any other harm she can to us. However, we are not giving up we have a court mediation hearing tomorrow and my boyfriend is extremely scared that the court will just give him back to her because she is mom. She has moved from place to place like 7 time in one year to different cities that get further and further away. So my question is, What are the chances of the court making the decision to pull him out of the most stable environment he has ever known for her to try another state to see if she can make it there? please help me! give me some kind of happy ending or something to that effect.


Asked on 3/25/04, 5:50 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Father with full custody

Do you want a response that makes you feel good, or one that is based on reality. Your statement of facts is confusing. It is only about 6 months from October 2003 to March 2004. If she gave up her parental rights while she lived in California, that indicates she has virtually no interest in the child.

Mediation is an opportunity for mom and dad to attempt to negotiate a custody and visitation agreement. Depending on the age of the child, county and judge the result is likely that she will not get custody. She may however, get substantial visitaiton. You might suggest that both mom and dad get high speed internet access and video cameras. This will allow mother and child to see each other, and with the right equipment talk to each other.

If the parties do not reach an agreement for custody and visitation, then further court action will follow.

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Answered on 3/26/04, 2:13 am


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