Legal Question in Family Law in California

Is my homemade contract valid???

I made a handwritten contract stating that my boyfriend will remain faithful to me as long as we are in a relationship. If he were to fail to comply, i would be compensated and have full custody of our baby boy.

I explained it to my boyfriend and clearly told him, I am in no way forcing him to sign and it's only to assure he's committed to our relationship. He signed without hesitation and said he agreed. I signed it as well.

So my question is; if he were to be unfaithful in any way that i stated in my contract, would the contract take effect in court? Can he be legally obligated to pay me for emotional distress? ... Again, i did Not force him to sign nor am i forcing him to be with me. If he wants to leave me he can freely do so, but i will not tolerate infidelity in my relationship.


Asked on 1/02/14, 7:12 pm

3 Answers from Attorneys

It is not legal to contract for child custody except as a stipulation to a parenting plan made at the time custody is being decided, and even then it can be challenged and revised any time there is a "change of circumstances" that warrants judicial review. As for emotional distress, you can only recover emotional distress damages for extreme emotional distress, generally meaning so severe and outrageous that it sends into therapy and causes such major damage to your psychological condition that you lose at least some meaningful degree of mental or life function.

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Answered on 1/03/14, 12:03 am
Anthony Roach Law Office of Anthony A. Roach

I add that penalties for one party who is unfaithful are not enforced by the courts in California.

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Answered on 1/03/14, 7:01 am
Arlene Kock Law Offices of Arlene D. Kock APLC

The kind of agreement that you referenced is void in California and against public policy. Working out a parenting plan between the parents is the best option on determining child custody. If you're unable to do so, when you return to court, the child custody mediator can make a parenting recommendation to the court.

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Answered on 1/03/14, 11:26 am


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