my husband and i have decided to separate..can i print out a peice of paper saying that he gets to visit w/ our toddler every other weekend, if he continues to pay our son's health insurance..and if husband signs it...is it legal binding?
2007-01-31 14:01:25 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
my husband doesn't want custody, just visitation.
i am/was a stay at home mom...my husband brought home the $$$...i have to find a job now and just want him to keep our son on his insurance.
2007-01-31 14:19:24 · update #1
It will only be binding as long as he decides to obey it. All he would have to do is go to court and have new orders issued and your agreement is in the trash.
BTW, the terms that you've expressed are not legal. That contract cannot be enforced in a court of law. His visitation CANNOT be contingent upon anything. Even if you go to court and the judge sets the visitation and child support, his failure to pay that support in no way affects his right to see the child. Visitation is not granted for the benefit of the non-custodial parent; it is for the benefit of the child. (they still need two parents).
That being said, if he signs an agreement to pay the insurance and fails to do so, you can sue him for out of pocket expenses related to actual costs of medical care for the child. You will have incurred costs that you had every reason to expect would be paid by him (through his insurance). That does not mean, however, that you can prevent him from seeing his child. Without a court order, custody is assumed at 50/50. Willfully preventing him from exercising that right is custodial interference.
It doesn't matter if he wants custody , visitation CANNOT be tied to any other agreement. Period. The only exception to that would be a court ordered drug rehab, anger management, etc., but the agreement that you describe is not legal in any way, shape, or form. By tying the two together, he can stop the insurance and you have no legal right to pusue it because it's an illegal contract. It would be like suing a hitman because the other person survived; the hit was an illegal agreement and is not enforceable.
Your best bet is to go to court for a legal separation and let a judge define the terms.
2007-01-31 14:24:44 · answer #1 · answered by normobrian 6 · 0⤊ 0⤋
The sad truth is, nothing is 100% legally binding, because anything can be contested in court. Legal "last will and testaments" are a perfect example. The document is prepared by an attorney and is completely legal, but if the deceased's survivors disagree with it, they can contest it and the judge may rule against what's stated in the will.
I would not feel comfortable with a "home-made" agreement, as you put it. If you feel an agreement is necessary at all, that implies a lack of trust. If there's a lack of trust, consider going the full legal route - attorney(s) and all.
Incidentally, if you and your husband are in agreement regarding the terms of the separation, you may be able to get an attorney to simply draw the docments for you for a modest fee. Having an attorney prepare them may make all the diiference if the matter ever does end up in court.
Good luck.
2007-01-31 14:13:11 · answer #2 · answered by nyboxers73 3 · 0⤊ 0⤋
no. 1. You only get what you earn and what is in your name, AND HALF OF WHATEVER THE TWO OF YOU WORK FOR AND OBTAIN TOGETHER. 2. Both parents created the kids, therefore both parents provide for their support. One by helping to put a roof over their head, clothes on their back, and food on their table PLUS physically in person taking care of their day to day lives, and the other by providing financial support. 3. The mother can have the kids, and in the case of no visits wanted by the father (yuck, what an awful father), the kids will go and live with grandparents or other relatives in the case that the mother cannot support them. The kids should not be forced to go and live with a man who doesn't even care enough about them to see them otherwise. 4. If for some reason the kids do end up with the father who didn't even care enough to visit them otherwise, if this father furthermore cares SO little about the kid's feelings that he would rip away their mother from ever being able to see them, this father should not have custody of them in the first place. ALL of this also applies if the situation is reversed. If the mother tried to do that to the father. In either case, the parents are completely failing to put the needs (both emotional and physical) of their children FIRST and are intent on using the children as pawns in their game of "I can hurt you worse than you can hurt me". This is despicable. I'm 48 years old. Female.
2016-05-24 00:36:15 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If it is just a legal separation yes as long as you both are in agreement. It will have to be notarized. If you can trust him to follow through then it is the less expensive way to do it! Good Luck!!!
2007-01-31 14:13:13 · answer #4 · answered by d3midway semi-retired 7 · 1⤊ 0⤋
As long as you have it written and notarized...... before signing go to a Nortary Public and bring at least one witness who is not involved in the transaction......
2007-01-31 14:12:45 · answer #5 · answered by Da Man 1 · 1⤊ 0⤋
What makes you think that you should be the one to dictate the visitation terms? Women are equal now, remember? That means that he gets as much say as you do.
2007-01-31 14:12:20 · answer #6 · answered by Tyrone 2 · 0⤊ 1⤋
It really depends on what state you live in.GENERALLY it's binding IF you have it notarized.
2007-01-31 14:09:29 · answer #7 · answered by Anonymous · 1⤊ 0⤋
No, get a Lawyer
2007-01-31 14:09:46 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes, if it is notarized.
2007-01-31 14:08:25 · answer #9 · answered by Peter Pumpkin Eater 5 · 1⤊ 0⤋