Handwritten document

[Mamacc]

Jurisdiction

California

I'm currently in a cps case that is ending with my 2 older children coming home. I have done everything cps asked me to do. My fiance amd father to my 8 month old (who is home with me) broke up with me amd is leaving because he is a medical marijuana user and does not want to be put in a drug rehab program or have to quit his use. He wrote a letter by hand stating that he relinquished custody of our child to me (the mother) and that he will pay child support. He signed this letter and dated it but the letter is not notorized or signed by a witness. I want to know if this will still hold up in court if i file paperwork for full custody and he tries to fight me. He does not want our child but will fight me just because he can. So i have 2 questions i guess.
1. Will the letter still hold up in court that he willingly relinquished custody?
2. Can he even fight me for custody after running out on a cps case and testing dirty for marijuana?

 

[army judge]

1. Will the letter still hold up in court that he willingly relinquished custody?
2. Can he even fight me for custody after running out on a cps case and testing dirty for marijuana?

An unmarried male that fathers a child has no parental rights, nor does he have any financial obligations for the child.

The birth mother has ALL of the parental rights and obligations vested in her at birth by law.

The mother can petition the court to require th unmarried male to take a DNA test to prove his paternity, to pay child support if DNA proves the man to be the father, and the man can file (if he wishes) for visitation.

The birth mother would have to be a horrible mother before the court would consider giving a baby to the man.

Over the years, the man might get more visitation, and eventually get overnights, maybe even weeks with the child in his home.

If that were to happen, it would take five to eight years, and usually these men don't stay around long enough for that to happen.

The paper the drug addict gave you is useless, but you don't need it.

As stated above, UNMARRIED males alleged to have fathered children must take several affirmative steps to establish paternity to even get visitation.

Yes, the drug addict can fight for custody, but he won't win, even if he were to establish paternity.


Courts are reluctant to turn innocent babies over to drug addicts.

Beyond that, the man was never married to you.

You as birth mother hold all the cards, not just the aces.

 

[mightymoose]

Ditto. The paper you have was more useful before he wrote all over it.
There was nothing for him to relinquish. The decisions are all yours to make until one of you set things in motion for the court to get involved.

 

[Mamacc]

An unmarried male that fathers a child has no parental rights, nor does he have any financial obligations for the child.

The birth mother has ALL of the parental rights and obligations vested in her at birth by law.

The mother can petition the court to require th unmarried male to take a DNA test to prove his paternity, to pay child support if DNA proves the man to be the father, and the man can file (if he wishes) for visitation.

The birth mother would have to be a horrible mother before the court would consider giving a baby to the man.

Over the years, the man might get more visitation, and eventually get overnights, maybe even weeks with the child in his home.

If that were to happen, it would take five to eight years, and usually these men don't stay around long enough for that to happen.

The paper the drug addict gave you is useless, but you don't need it.

As stated above, UNMARRIED males alleged to have fathered children must take several affirmative steps to establish paternity to even get visitation.

Yes, the drug addict can fight for custody, but he won't win, even if he were to establish paternity.


Courts are reluctant to turn innocent babies over to drug addicts.

Beyond that, the man was never married to you.

You as birth mother hold all the cards, not just the aces.

Thank you for that. Im glad to hear it. I thought that was true but i wasnt sure.

 

[leslie82]

I'm currently in a cps case that is ending with my 2 older children coming home. I have done everything cps asked me to do. My fiance amd father to my 8 month old (who is home with me) broke up with me amd is leaving because he is a medical marijuana user and does not want to be put in a drug rehab program or have to quit his use. He wrote a letter by hand stating that he relinquished custody of our child to me (the mother) and that he will pay child support. He signed this letter and dated it but the letter is not notorized or signed by a witness. I want to know if this will still hold up in court if i file paperwork for full custody and he tries to fight me. He does not want our child but will fight me just because he can. So i have 2 questions i guess.
1. Will the letter still hold up in court that he willingly relinquished custody?
2. Can he even fight me for custody after running out on a cps case and testing dirty for marijuana?

You two aren't married so he has no rights to the child unless he went to court and established them.

He could always go file for custody yes - after he establishes his rights.

I would just let him go and if he comes back and files custody later on, all you have to do is show you have been the primary caregiver and he hasn't been there. You could possibly show that but it won't likely mean much. Let him go and hope he disappears quietly into the night and never comes back.

 

[Mamacc]

You two aren't married so he has no rights to the child unless he went to court and established them.

He could always go file for custody yes - after he establishes his rights.

I would just let him go and if he comes back and files custody later on, all you have to do is show you have been the primary caregiver and he hasn't been there. You could possibly show that but it won't likely mean much. Let him go and hope he disappears quietly into the night and never comes back.

Hes not a quietly into the night type. But the fact that hes running out on a cps case that he already signed papers to do what they want and join a drug rehab program should also help.

 

[zddoodah]

I want to know if this will still hold up in court if i file paperwork for full custody and he tries to fight me. . . . Will the letter still hold up in court that he willingly relinquished custody?

Depends on what "hold up" means. No law says he can't change his mind.

Can he even fight me for custody after running out on a cps case and testing dirty for marijuana?

Yes. Those things make it less likely that his fight will be successful, but nothing prevents him from trying.