Consentual Joint Custody Issues

Katie - posted on 01/08/2010 ( 5 moms have responded )

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My fiance deployed to the middle east in July. Him and the mother of his son went to his lawyer and had a consent form drawn up for joint custody and it was signed by a judge and notarized and sent through the Family Court. Now is this custody agreement as legal as if we were to take her to court when he gets back to fight to get custody settled? More than likely the court would just grant joint custody anyways as they have already agreed on in the one they had done. So would it be a waste of money to take it through the court in a battle? Is this custody agreement as legal as one done through a battle in court? If she were to break this custody agreement what would be done?

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Shawn - posted on 09/29/2012

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I agree with Julie and would like to add... Keep every receipt for every single purchase made for the child whether it be for you at your home or hers. Proof that she is incapable of maintaining a job to keep her son fed and a roof over his head will go a long way with a court.

Julie - posted on 01/16/2010

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Ok, first you need to determine was a legal document put into place by a judge. Second, who is actually caring for the child, her or you? Third, depending on what state you live in here in the US mediation of child custody is mandatory. If changes are necessary then you usually have to go through that stage first. Financial reponsibility has little imput when it comes to the caretaker of the child unless it is proven that the child is being harmed or will benefit from a change in custody. Do not engage in any verbal discussions with her regarding the agreement. Legally you have no say in the matter. However do not ignore any court documents that she may attmept to send. GET AN ATTORNEY. No Judge will grant a custody order with the Father out of the country IF he knows what is going on. There are lots of legalalites that have to occur so trying to do something without someone who knows what they are doing is foolish. In the meantime just make sure that the child knows that daddy loves him/her. And do your part to keep that relationship open if possible.

Katie - posted on 01/14/2010

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well he is currently deployed and wont be back until march... but she is saying she went ahead and got a new custody order drawn up that is what SHE wants and it is waiting for him to sign when he gets back or they can take it to court.... what do we need to build the case for our side and get the best outcome from this? Atleast if they do only give joint custody after court then we can go for primary because i do not believe they will see any reason to take him from either parent. but we are the only ones who have been providing for him even while he has been deployed and there should be no reason for him to have to pay child support when he is the only one who has been financially taking care of him since day one. we pay for everything at out house and hers of that is for his son because she doesnt have a job.

Debi - posted on 01/09/2010

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If it has already been singed by one Judge then it is a legal document and if She does not up hold her part of the custody she can be held incontinent of court ex... They have joint custody and he is to get the child Friday til Tuesday and she does not allow him to then take the papers to the police department and have them escort him to get the child. The paper is as legal as if you done it in front of the Judge, The only reason to need to go to court is if joint custody is not what she or he is now wanting. I hope this has helped I have been there done that.

Nicola - posted on 01/09/2010

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consent orders (here in Australia) are a legal document of the custody arrangements. like any other legal contract if either party was to break the agreement there would be legal remedy.

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