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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 112777
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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A question lawyer: I am wondering if a father is allowed

Customer Question

A question for lady lawyer: I am wondering if a father is allowed to give up legal custody of his kids. My ex lives in the next town over and we are putting together our divorce in alameda county, california. We are discussing joint physical custody, but we are also discussing him giving up his right to full legal custody ( full legal custody to me) in exchange for a sizable amount of money. Will the judge just give him back legal custody despite our agreement? I'd like to know before I take out the loan....
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
My email is:***@******.***
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the parents agree to a full legal custody arrangement to one parent in "consideration" for a lump sum payment, then this is treated like any other contract and the court would bind the father to this agreement. The only exception would be if for some reason at any point the mother is found to be unfit and in that case the court could change the custody for the best interests of the child.
As long as the mother remains fit and the court finds the consideration for the contract to be fair and that the child will be properly cared for, the court would enforce the agreement.

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