Legal Question in Family Law in Michigan
Is this legal?
My sons father no longer wishes to exercise his parental rights. After calling around, I found out that the only way he could sign off on the child is if a current spouce of mine adopted the child. Thisn't isn't the case.
I have refused to sign any papers allowing him to leave. After several phone harrassing phone calls, a threat of him getting a PPO against me and threating to sue for sole custody of the child if I didn't sign, I signed his agreement.
The agreement stated that for the next 14 months, the father would pay child support (which I have to lower) and keep insurance on the child. After that date, he would stop all child support payments and insurance. The father agreed to give up all parental, legal and visitation rights to the child.
I need to know if this letter that I signed is legal and binding. It was hand written and only signed by the father and myself. If it is legal binding, what could happen if I break it.
I signed the agreement because I was tired of the phone calls, I was scared of his threat of filing for sole custody and I just can't take it anymore. I do not agree to the terms.
If he wants to never see the child again, that is fine. But I want the court ordered child support and health insurance.
1 Answer from Attorneys
Don't Sign if You Don't Mean it
Why would you sign something you don't mean?? Legally, the letter you signed has significance, but it is not binding. Only the court can determine whether the non-custodial parent should pay.
If the father is working, he should be paying child support through his paycheck and he shouldn't be hassling you about it. His recourse is through the FOC.
IF he isn't paying though the FOC now, go to court and make sure that this happens IMMEDIATELY. He doesn't pay? They'll go after him.
About the PPO/custody nonsense: if he has no grounds for a PPO, he won't get one. If he sues for sole custody, he's unlikely to get it, so why are you giving in to his blackmail? Sounds like you two have unresolved issues...once you emotionally divorce him, you'll be more likely to eliminate his apparent control over you through intimidation.
Use it against him: start to enforce your child support rights and wave the letter he "made" you sign in court as proof of his harassment and unfitness if he tries to take custody. It doesn't make you look good that you signed it, but it makes him look even less responsible.
If your child is young, he's unlikely to "take" custody; if your child is old enough to have an opinion respected, CONSIDER that as an influence on what a court might do.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
