What to do if my child’s mother doesn’t want to go through child support system but rather have a verbal custody agreement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my child’s mother doesn’t want to go through child support system but rather have a verbal custody agreement?
I feel we should document – written and notarized. Which is the correct and best way to go. I live in one state and the mother lives in another. I actually want physical custody. What are my options?
Asked on September 28, 2012 under Family Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Many ....many....many....parents try to work out verbal or hand-written child support agreements that end up backfiring on the one that was obligated to pay child support. Even though paying child support by agreement, a court could order back payments for the support of the child.... despite the informal agreement. Even though a bit more tedious, going through the court system will protect you as dad much more in the long run. If you and her can agree on what the terms are, it will be a very short process of filing the custody suit and having an attorney prepare an agreed order. Agreed actions are always cheaper than contested ones. If you want physical custody and she does not agree, you may have to spend a little bit more money for contested hearings, but if this is what you want for your children, this is the time to be thinking about doing it. Either way, the process starts off the same in both which is filing a custody suit in the state (usually where the child resides). If you can afford one, consult or hire a family law attorney. If possible, find one that has multi-state experience. This could come in handy considering that you and mother live in different states.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.