He is 13 and lives with his mom in texas but she has agreed to voluntarily give us full custody and he is coming to live with us full time in a week.
No. You need to go to Court get the modification approved and child support Order modified also. If you have been ordered to pay child support because the mother has custody, you would continue to be legally responsible for the child support eventhough the kid is now living with you full time. So, for your own protection, you need to get the modification approved by the Court.
My answers here are for general information only and should not be construed to be formal legal advice or the formation of an Attorney-Client relationship. I am not your Attorney. You should always consult with a local Attorney before taking any action based on the general information provided by me on this site. I practice law only in jurisdictions I am properly authorized to do so and do not seek to represent anyone outside the jurisdictions where I have been licensed to practice law. Currently, I am licensed to practice law in the Commonwealth of Massachusetts and the State of New York.
If you and his mother are on the same page, file a motion to modify. Provide it to the court with a proposed order approved by both parties.
If you are truly of one accord, this need not be a monster expense or time consuming.
You must filing a motion to modify the custody, visitation and child support orders with the court. If both you and the mother are represented by an attorney this can be accomplished without either party appearing before a judge. If one of you doesn't have an attorney then you will most likely be required to appear before a judge for approval.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline