I had a third party caring for my child. years later after making reunification i was made aware of a custody order signed by the childs father..i was never notified by the courts, and there was no hearings...there was no issue with cps or me being unfit. just this improper custody signed by the father and the judge..is this a law suit against the state for all my lost years without my child, and where do i began to make this right and get my child back?
1 Answer from Attorneys
You voluntarily gave up physical custody of your child, whether there was an order or not, so you really have no claim against anyone for time lost. If you wish to regain custody, there must be a material change in circumstance. Your recent reunification might be considered just such a material change. You will therefore need to file a Petition for Modification. You can explain all the circumstances, the lack of notice in any prior custody award and anything else you believe is relevant.