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custody ?

My ex and i never went to court for custody of our son. We have a 20 month old and a verball agreement. So far there have been no issues with our agreement but I dont really trust my ex. I would like to have something in writing, just in case he decides not to bring my son back someday. How do I go about doing this? Do I have to get a lawyer? Does it have to go through the courts? Or will just a written contract do?


Asked by Anonymous at 3:06 PM on Jan. 10, 2009 in Toddlers (1-2)

This question is closed.
Answers (5)
  • always best to have it go through the courts. it makes it legal and binding. you don't have to go through a lawyer, you can do it yourself. Just go to the county you live in and they will give you the proper paperwork to fill out.

    Answer by kscmbz at 3:08 PM on Jan. 10, 2009

  • You can do it online and have him sign it and register it with the court house

    Answer by gemgem at 3:08 PM on Jan. 10, 2009

  • I would make sure to go thru a lawyer and have it drawn up so you make sure that its done correctly and legal too. If you were to write something yourself and he signed it the only way I think the courts would even accept it is if you had it signed in front of a notary.. I am not even sure if it would hold up though. I think your best bet would to have a lawyer draw up the papers.

    Answer by Charlies_mommy at 3:11 PM on Jan. 10, 2009

  • If I were you I would go through the courts. If you are going to do just a written contract you definitely want a lawyer, witnesses etc. but I don't trust those as much as a court order because I feel like you can find loopholes easier with them. My ex and I had a verbal agreement too and I took him to court just to get it in writing. Neither of us had a lawyer, the judge just basically asked me what I wanted and I told him we wanted joint custody at that time, residency with me and visitation as agreed upon. Then he asked my ex if he agreed, he did, and that was that. We agreed on the amount of child support as well which I also took him to court for just to get documented. When it comes to your kids you can never be too careful or safe so I recommend taking him to court and having everything documented like that just in case something comes up in the future so you'll know the law is on your side.

    Answer by Anonymous at 3:12 PM on Jan. 10, 2009

  • You need to get a legal binding court order for custody/visitation. Verbal is not binding in child custody/support cases. If you can't afford an atty, ten check the county you live in for free legal aid.

    Because no custody is established, if he refuses to give your child back to you, the police can do NOTHING. So yes, you need to go through court. Hopefully you two can go through mediation instead of in front of a judge, that is if you two are able to come to an agreement.

    Wish you the best in this.

    Answer by OneLove4Jesus at 3:19 PM on Jan. 10, 2009