Legal Question in Family Law in Virginia

Child custody

Is it illegal to offer money for the custody of a child?


Asked on 7/11/03, 11:37 am

4 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Child custody

An agreement between parents of a child to settle

a custody dispute which might include a monetary incentive to one as part of the settlement, would not be illegal. Other such arrangements, including those involving outside parties, unrelated to the child, might very well be illegal, depending on the particular facts.

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Answered on 7/11/03, 2:53 pm
Wayne Comer Wayne E. Comer, Esquire

Re: Child custody

Only if it is to be used to pay a lawyer for her legal advice.

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Answered on 7/11/03, 4:15 pm
Wayne Comer Wayne E. Comer, Esquire

Re: Child custody

CORRECTION:

I meant to say it is indeed illegal unless the money is to be used to pay for legal advice regarding a change of custody.

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Answered on 7/11/03, 4:19 pm
Scott Nolan The Law Offices of Scott C. Nolan

Re: Child custody

This is decidedly illegal. It is, in effect, purchasing a child.

However, a comprehensive settlement of Child Support and Custody may involve, among other things, a transfer of money from the Custodial Parent to the Non-Custodial Parent.

Judges are not stupid, however. An attempt to disguise such a "purchase" is (in addition to being simply a bad idea) likely to be recognized as such, which will put both parents in a very bad position with the judge, even if it does not result in actual criminal charges.

I recommend that you not pursue such a strategy. If you are having difficulty obtaining custody, please contact an attorney trained to assist you. Good Luck!

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Answered on 7/15/03, 2:52 pm


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