Urgent need of knowledge and advice

[helpafather]

I need someone that knows the Ca. laws.
My wife and I are living in another State, we have a 10 months boy. My wife wants to return to Ca, with my son. She wants the marriage to end. We have not filed any divorce papers. She wants to take my son and live with him in Ca. I am in agreement with this, but do not want to give up any of my father rights. If I give her a paper that is signed by a notary stating this is fine with me but I am not forfeiting any parental rights and we still have joint custody. Is this binding in Ca.? Or am I giving up my rights? What do I need to do so they can go to Ca. and live until I can relocate in Ca. I am forced to continue with a job contract where I am at.

 

[army judge]

Your wife does not need any document signed by you, to allow her custody and control of your child.

Neither do you.

But, signing a document such as you describe, COULD be used against you in a later custody proceeding.

Such a document might be argued to show you have no interest in rearing your child.

I would advise you NOT to sign anything without the benefit and advice of counsel.

Should you NOT sign any document, you and her retain legal custody and control of your child.

I suggest you retain an attorney before agreeing to anything.

Your wife's abandonment of the home and the removal of the child to another state could be advantageous to you in any future legal proceedings.

What state do you currently call home?

There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

 

[Duranie]

I would be vERY careful here . First of all, your state should have jurisdiction since that is where you live. You should file for divorce where you live NOW, and then if you let her relocate to CA that is your choice. But if you are not going to remain in this state much longer either, that might not be a good idea either. She does not have to abide by any agreement between you 2. How are you going to see your child? If she goes back to CA there, she can file for divorce and child support there, once she reaches the jurisdiction requirment there. That is going to make things harder for you. If she goes on any state assistance, the state will go atfer you for it. You really do not have joint custody since you are not divorced but your rights are equal to yours. If you want her to sign this paper, make a copy of it and let her know you intend on seeking joint custody and visitation once divorce is filed in CA.

How much longer are you going to be in this new state for? You need to see an attorney in CA when you return just in case mom decides she does not want to follow your agreement.

how does she intend on supporting the child? If you give her any money at all, pay her by check and write CHILD SUPPORT on it so she cannot go back and try to get retro support.

 

[Proserpina]

Just a couple of points.

Writing 'child support' on a check doesn't make it child support; as a general rule, any money handed over outside of court ordered child support is considered a gift. Now with that said retroactive support is so rare to begin with, CS will usually start from the day Mom files, as that's the standard.

Also Dad, if you're ok with Mom moving out of state to California now, please be aware that in allowing the move you're actually making it very easy for Mom to relocate again in the future - even to Alaska.

Be very careful!

And I completely agree - do not sign ANYTHING without first running it by an attorney. Even though a notarized agreement isn't legally enforceable, it CAN cause strife in future matters.

 

[nitikasnv]

i agree:

Your wife does not need any document signed by you, to allow her custody and control of your child.

Neither do you.

But, signing a document such as you describe, COULD be used against you in a later custody proceeding.

Such a document might be argued to show you have no interest in rearing your child.

I would advise you NOT to sign anything without the benefit and advice of counsel.

Should you NOT sign any document, you and her retain legal custody and control of your child.

I suggest you retain an attorney before agreeing to anything.

Your wife's abandonment of the home and the removal of the child to another state could be advantageous to you in any future legal proceedings.

What state do you currently call home?

There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

Hi,

Sir first advice i want to give you please don't mind but don't do this.

It will affect your child's life.

but if you both have decided then go for it.

But for further steps you should consult the lawyer first.

Then move ahead.

Thanks

 

[Proserpina]

Whatever OP decides is going to affect the children...