We are separating and the agreement is for him to take my boys with him to stay with family in Nevada for a few months. while I get on my feet financially here in Arizona. Then they will return for school here in Arizona, and go there for holidays and breaks. Before they leave I am requiring a written agreement of stipulations and I need to know how to make that binding to us both.
No, it unfortunately won’t be binding, though it can still be used as evidence if the other parent changes the plan. Parents aren’t able to bind the court when it comes to child custody. Once the children have resided in Nevada for six months, you’d need to litigate any custody dispute there if you haven’t already filed here.
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A signed Agreement could be turned into a Court Order, which then would be legally enforceable.
But a mere written & signed Agreement cannot truly be enforced until it is turned in to a Court Order.
I encourage you to be very careful about this signed Agreement. I have seen many times over my years where his side of this agreement says, after a few months, "they are doing very well with me, want to go to school here, so I no longer believe that agreement we reached a few months ago is in their best interests".
Plus, if they stay there long enough, Arizona could lose jurisdiction over the issue.
I would prefer a Court Order adopting the Agreement.
A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, ½ hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan. I would encourage you to quickly schedule this free consultation.
meble. tten agreement into a OCurt Order
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