Legal Question in Family Law in California
My ex wife is moving out of California (Where we both live) to Hawaii, and we are drafting up a new agreement to submit to the court addressing child custody, child support, etc. Currently we have joint legal and physical custody, but when she moves I will have primary physical custody. My question is this: She wants me to put in our new legal agreement that I will never take her to court for child abandonment. Is this even legal? If I put that in the agreement, would it even hold up in court? I do not plan on taking her to court for child abandonment unless she does actually abandon them and given her track record, she may do that someday.
1 Answer from Attorneys
The provision you reference is questionable and contrary to California law policies on protecting the child's best interests.
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