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-   -   Regaining custody after voluntarily signing over custody (https://www.askmehelpdesk.com/showthread.php?t=210937)

  • Apr 29, 2008, 06:36 PM
    kllenort
    Regaining custody after voluntarily signing over custody
    I was a teen mother and I took care of my daughter from when she was born until she was about two and a half. I signed over permanent custody to my parents when I was unable to take care of her because of financial hardships and personal difficulties. I was told it had to be permanent because in order to give temporary custody you need to have an end date, and I did not. She is now five years old, and I am now able to take on being a full time mom again. My parents completely support me and are ready for this to happen. My question is: where do I start? Can I do this without having to hire a legal professional?
  • Apr 29, 2008, 06:55 PM
    stinawords
    Sorry but the answer is no. You have to have a lawyer draw up the papers needed for you to adopt her back. I have heard of a few people with cases sort of like this that go to court the first time alone but ultimately they have to have a lawyer to complete the process.
  • Apr 29, 2008, 07:03 PM
    kllenort
    Even though it wasn't an adoption? They didn't adopt her, it was an allocation of parental responsibilties. I still have rights, just not custody.
  • Apr 29, 2008, 07:22 PM
    stinawords
    Well, the part that makes me say you need a lawyer is because it was perminant, I understand the reason behind it but it is what it is. The first thing you could do is get a court date with the same family court that you used the first time. Go before the judge and state your case. It is very helpful that your parents are on your side! After that court date the judge will either adjust the paper work so you get her back or tell you to get a lawyer for drawing up papers. The first part you can easily do with out retaining a lawyer. I just wanted you to be aware that the cases I have known the judge required it. Congrats on making it this far though!
  • Apr 29, 2008, 07:23 PM
    Fr_Chuck
    Can you do it without a lawyer? Yes, you can if you know exactly what forms to file, how to print the forms, what motions to make with the court. And you don't or you would not be asking here.

    This is not a fill in the blank type court issues, the judge may still say no after you do all of that. So you need to hire an attorney to do all the paper work and file the motions.

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