Legal Question in Family Law in Maryland

We decided to have joint physical custody of children once divorced. My wife and I also agree (we sign a consent form) that if she ever gets remarried with a certain individual, I will get sole physical custody, Will that stand? in Md


Asked on 3/25/10, 1:43 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

If the agreement is well-crafted by an experienced family attorney, it has a better chance. But you should always remember that if your then-ex marries this individual and the circumstances are such at that time that she believes the children would be better off continuing with the joint custody arrangement, or coming to live just with her, a court will not be bound by your agreement. The law requires the court to always act in the best interests of the children, irrespective of any agreements you make. The same would apply if you put language in the agreement that says that you will pay nothing or some minimal amount per month for child support until the children are emancipated, regardless of any changes in your or her income or the children's needs. If 5 years from now you're making 3 times what you make now and she is disabled and unable to work (or vice versa), a court would adjust the support to meet the children's needs.

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Answered on 3/31/10, 6:47 am


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