Legal Question in Family Law in California

I live in California and have full physical and legal custody of my daughter. Her mother signed full physical and legal custody over to me a year ago. She now wants visitation and reinstatement of her parental rights and has filed for this with the courts. I have not seen what she has filed but received an order to go to mediation with her. What are her rights? I thought she had abbrogated all parental rights.


Asked on 9/10/12, 8:15 pm

1 Answer from Attorneys

You cannot ever abrogate or "sign over" or surrender or give up parental rights. You can stipulate to an order that you have no custody, but that is NOT the same thing, and custody can always be revised by the court on a proper motion until the child in question is 18. The only way you can lose parental rights is to have them taken away by court order due to being an unfit parent. That is an entirely different proceeding and set of laws from custody.

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Answered on 9/10/12, 9:26 pm


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