What to do if 3 years ago I signed over physical and legal custody to my children’s father but now I would like thm back?

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What to do if 3 years ago I signed over physical and legal custody to my children’s father but now I would like thm back?

At the time I was not capable of taking care of them. Now 3 years later, I am fully capable of taking care of them. The father has been imprisoned for a week now, with no chance of getting out for a while (they are very severe charges). Before he went to jail, he had an entrustment agreement for temporary placement of child notorized (was not taken in front of a judge). Do I have right’s for these children to be placed with me since the birth father is now imprisoned. And I do still have all my rights?

Asked on December 15, 2012 under Family Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

So long as you have not given up your children for adoption you have the opportunity to regain physical and legal custody of them. In order to do so I suggest that you consult with a family law attorney to see about getting a stipulation from the father for your cusotdy and if he refuses, the filing of a petition with the court seeking such.


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