The boy will be living with my boyfriend (his father) and I and basically the mother just wants joint custody so she can get off from paying child support....is an attorney necessary if both parties are agreeing on the custody change???
2007-03-07 06:48:16 · 10 answers · asked by Anonymous in Family & Relationships ➔ Family
It'd be a good idea to get an attorney involved just so they can draw up papers to the effect of what The Mother and Father have agreed upon, so that one or the other can't turn around and change their minds and cause a problem for the other person. It's always a good idea to cover your butt and get it in writting!
2007-03-07 06:53:09 · answer #1 · answered by Anonymous · 0⤊ 0⤋
An attorney would be the best route, but not necessary. And even if they both have joint custody, the mother would still be required to pay child support if primary placement of the child is with the father. My daughter's father and I share joint custody, but as she lives with me most of the time, I am supposed to recieve child support (he is very behind right now). Also, not paying your child support can and will result in jail time. I believe the amount in arrears differs from state to state before they will take action against a deadbeat parent, but they will regardless. Also, I don't know about your state, but in WI where I live they are very tough on their child support laws. We are looking at going to court this spring. If her father has not paid or shown an effort to get caught up, he will be facing up to 6 months in jail.
2007-03-07 07:10:21 · answer #2 · answered by starlight_940 4 · 0⤊ 0⤋
Yes a lawyer is necessary. If the mother currently has full custody through a court you need to have the court records amended to reflect the change. Unfortunately a verbal commitment does not relieve anyone of child support. It needs to be documented. Whoever is paying child support at this time better continue until the matter is finalized. Although you agree now what if something happens and one of the parties decides they no longer like the arrangement? Just some things to protect yourself.
2007-03-07 06:58:44 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If money is not an issue than I would suggest an attorney. What you can also do is go to the courthouse and buy the papers you would need to file. I think they are like $5 or $10. You fill them out, sent them to the court and then when you get a letter confirming your courtdate, you just show up and the judge will ask if this is what both parties want. Its either a yes or a no. Thats how it is in New Jersey, but I assume its all the same. Good luck
2007-03-07 07:23:40 · answer #4 · answered by tcg7213 3 · 0⤊ 0⤋
if the child lives with the father, the mother still has to pay child support, joint custody or not. all parents are expected to be financially responsible for their children, according to the law (which is enforced sometimes more than others, depending on your state of residence).
an attorney's assistance is the best route for your boyfriend to take...that way the parties will come up with an agreement, visitation arrangements, and of course a schedule of child support. this way there is no misunderstanding, because it's all put onto paper, in plain black and white.
and it's probably not a requirement to hire an attorney.... in my experience, it was more helpful than not.
2007-03-07 07:04:00 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You don't really NEED a lawyer. If both parents agree to the change, you can change it. But keep in mind that you will not have anything to fall back on if things go wrong. So if mom or dad fails to return the child on time, you can't really do much about it right away since you have no current order of custody.
It's better to get it legalized, just so everyone's protected, but not legally necessary.
2007-03-07 08:05:53 · answer #6 · answered by eallison 2 · 0⤊ 0⤋
If she presently has full custody, it is best to have a document drawn up outlining the agreement. That is safest for all parties in case of school issues, medical issues, etc. Also so she can't come back and say you owe her child support or anything like that. Good luck and God Bless.
2007-03-07 06:57:06 · answer #7 · answered by tersey562 6 · 0⤊ 0⤋
`why would you want to. if things go wrong it'll be harder to get that custody back.
i went through a divorce w/o a lawyer so i think that can be done, but you might need some legal people to look over papers.
2007-03-07 06:52:05 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes, get it in writing
2007-03-07 07:02:53 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I think so, to formalize the changes.
2007-03-07 06:50:40 · answer #10 · answered by curiosityreincarnated 3 · 0⤊ 0⤋