Legal Question in Family Law in California

temporary custody (third party)

recently while i was incarcerated my ex wife gave my 23 year old brother temporary custody of my 15 year old son until he is 18. This was the easiest way to relieve herself of the responsibilities that come with motherhood after my sons issues complicated her already full and complicated personal life.Now that I am capable of providing him with a safe nurturing enviornment can my brother sign custody over to me. inacting what is basically a third party temporary custody agreement until a more legal and binding order can be issued by the courts? In addition I am on his birth certificate. thank you in advance for your time and effort in this matter.


Asked on 3/06/09, 9:53 pm

1 Answer from Attorneys
Mark Russakow Russakow, Ryan and Johnson

Re: temporary custody (third party)

Well without more information I can respond as follows. You cannot change a court order without court approval. So any temporary agreement would require a court to approve the agreement to make it binding. I would consult a family lawyer to document the agreement and submit to the court the stipulation for approval. Agreements without a court approval are non binding on law enforcement. good luck.

Read more
Answered on 3/07/09, 11:54 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California