How to void a custody agreement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to void a custody agreement?
My ex and I have a written agreement signed by a judge stating he has her one week and I have her the next. However, he doesn’t ever want to have her; he maybe sees her twice a month. If he doesn’t see her for a certain period of time does this void the agreement? And, if so, how do I prove he is not seeing her? I want full custody but if he voids the agreement it will make it alot easier.
Asked on November 8, 2012 under Family Law, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You need to act in some way to modify the agreement, either voluntarily between you or by court order. Either way the court needs to put their stamp of approval on the matter. Your testimony will be proof but you should also keep track in a book on a regular basis what his weeks are and which days he actually takes her (like a weekly planner solely for this purpose). And receipts for activities you took her to or affidavits from outside parties as witnesses to the matter will help too. This will also change your child support (if you have her more then you should get more support) so you may want to speak with a lawyer. Good luck.
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.