Legal Question in Family Law in California
My brother has full physical custody of his son by court order. Mother pays child support. Mother is moving to Nevada. and would like to take son. Can both parents come to an agreement and have it notorized where she can take him during the year and he gets him for summers and holidays. He does not want the court order changed in case the mother fails to comply with the written agreement. Then things would return back to the original court order. Is this legal are they able to do this? Also she agreed not to file for child support would she be able to file anyway in Nevada if the court case is in CA
1 Answer from Attorneys
Why does your brother want to agree with mother's requested modification? I wouldn't. If that is what he wants to do, it should be done via valid stipulation and order modifying custody and visitation so that it is enforceable by the court. No court hearing is required.
No agreement not to file for child support is enforceable whatsoever. She can agree in writing, in blood, whatever, and then turn around and request support and get it.
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