Legal Question in Family Law in California

I was previously in a same sex relationship where i adopted my partners son. Since then we have split up and although I am not the biological mother, I was granted sole physical custody and visitation time to her. Just this month we were in dispute about me filing for sole legal custody. In a drast attempt to help her side of the "fight" she married our sons sperm donor/biological father (whom we previously terminated rights from). It did not help in custody court and I was granted sole legal custody in addition to sole physical. I am tired of all the nonsense she has caused me and offered her the option of having our son re-adopted by her "new husband". In order for her to even begin the adoption process he has to live with her and be enrolled in school. In order to do this I have to sign a stipulation giving her physical custody and joint legal. Given our long history I do not trust her. How do I protect myself during the adoption process? Can I propose a "clause" that if she does not complete the adoption that all custody orders return to their current status?
I am in San Diego, She is in San Jose. Our son is there with her currently for summer visitation. He was scheduled to return Sept 1st but if I sign the stipulation he wont.

Asked on 7/25/10, 4:20 pm

0 users found helpful

0 attorneys agreed

You can, but it will not be enforceable. The court can always order what it finds to be "in the best interests of the minor child."

Answered on 7/26/10, 9:57 am

Keywords

Match Any Match All

Country

State

Area of Law