Legal Question in Family Law in New York
Child support aggreement and joint custody arrangement unmarried couple
Me and my partner have a baby girl, 14 months old. And so far have verbally agreed that I will have the baby 2 days overnight a week and I will pay about $600/month for daycare plus and additional $200/month to her. We want to setup a legal agreement describing this and also include in it joint custody of the child. Not joint physical custody, but I want to have half custody in order to be part of the childs decision making, etc.
We both agree that we do not want to go to court over this. What kind of aggreement can we get and does it have to go to family court to get authorized or something? We want to keep the visitation the same, can that be included in the aggreement as well?
Thanks
4 Answers from Attorneys
Re: Child support aggreement and joint custody arrangement unmarried couple
You may execute an agreement addressing the child custody and support issues.
If I can be of assistance to you in this regard, please feel free to contact me.
Daniel Clement
212-683-9551
Re: Child support aggreement and joint custody arrangement unmarried couple
You can and should enter into a written agreement formalizing your arrangements pertaining to custody, support, and access. However, I also very strongly recommend that you have that agreement confirmed with a Family Court Order. Family Court cannot enforce your written agreement. Thus, with an informal arrangement or with a written agreement, you will be at your partner's mercy if she decides to change the arrangement - unless you have a Family Court order. That order can be enforced in other states as well, if she ever elects to relocate. Also, you mentioned that the mother was your "partner". I am assuming that you are not married. You should have paternity confirmed in Family Court as well. Although things are going well now, there is always the possibility of disagreement later and the more you have resolved with an actual court order, the better off you will be.
Out of Court Child Custody/support aggreement OK
You can make your own agreement but it must be signed before a notary. There is no reason to go to court at this time.
There are some basic items that must be covered, medical, schooling, vactations, holidays, long trips, childcare, etc.
It will be fully enforceable in court, though the direct support for the motehr is subject to different considerations than child support for the child.
Have an attorney prepare the agreement to cover all the issues that may arise.
Re: Child support aggreement and joint custody arrangement unmarried couple
You can absolutely make an agreement regarding your child. You should consult an attorney who can draft the agreement for you. An attorney can write up an agreement that will be legally binding. This will protect you in the long run, in case you and the baby's mother don't agree later on.
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