Legal Question in Family Law in Pennsylvania

My husband and I have 3 children. He recently had an affair. We are staying together and working it out however I want him to sign an agreement that if he ever has another affair he will give full custody of our 3 kids to me. This is my assurance that he will think twice before doing so again. He says he will gladly sign something like that. Would something like this hold up in court if it ever came to having to use it and if so what steps would I have to take to make an agreement between us legal. Could him and I just write it up amongst ourselves and both sign it or would we have to have an attorney verify everything? Thank you.


Asked on 4/28/14, 6:11 am

1 Answer from Attorneys
Wendy Chan Wendy Chan, Attorney At Law

Custody agreements are always modifiable in Pennsylvania. Even if both of you sign and agree on a custody situation, either one of you can petition the court to have it modified in the future. Perhaps you two can have an agreement where if he has another affair in the future, that he will pay you a certain amount in alimony and not retain any if the marital assets. This will be a binding contract between the two of you and not modifiable in the future unless you both agree.

Read more
Answered on 5/01/14, 4:47 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Pennsylvania