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Old 07-21-2005, 08:03 AM   #1 (permalink)
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Question Father and Mother want to swap custody

My husband and his ex want to swap custody of child for one year. The child will live with me and my husband for one year and attend school in our county. The mother agreed but in the past has locked the father up for custody interference. We need to know if we can draw a legal contract by ourselves and it be a binding contract. We do not want to hire an attorney for this purpose unless we have to. If both parents agree can we type it on paper and have it witnessed without a judge or attorney. School starts in two weeks and we do not have much time help!! E-mail harveyslady33@hotmail.com
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Old 07-21-2005, 08:10 AM   #2 (permalink)
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Smile Contract Outside of Court

You may be taking a risk. To legally change custody it must be done in the court in which custody was determined. If she has locked your husband up in the past she may turn him in again.

Yes, a written contract is good but it may not be proper in this situation. It really depends on the state and the court. They may honor a written contract or they may not feel this is the proper way to modify a child custody arrangement. In my opinion modify in the family court. Maybe you can modify child custody in court without an attorney. If it is complicated you may have to hire an attorney. But it is better safe than sorry. Also, if you have a modification filed with the court and the mother of the child decides that she wants the child back you will have something to fall back on. It probably will be better for the child not to have to be involved if minds are changed.

Last edited by proflpz; 07-21-2005 at 08:40 AM.
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