My sOn's father and I decided to write up at custody agreement in which he gave me sole legal physical custody. He has a felony Record and he knows if we go to court he will only get supervised visitation. it is put in there that he does get get visitation on set days. I only agreed to this if I got the physical custody. We did have the agreement notarized. .send both signed it. If he breaks the aggregate I'm wondering if it's legal. And I can use it in court
As to the enforceablity of the agreement, that is a very state specific question. As to whether it could be used in court, the general answer would be yes as evidence. I suggest you contact a local seasoned family attorney for a better answer.
It might or might not be enforced. Courts will accept and enforce an agreement reached by the parties, but not in all cases.
If, for example, he signed an agreement because he was told (or otherwise believed) that his past criminal record would automatically result in his not getting joint legal custody and shared parenting, he could probably have the agreement set aside because the agreement would have been based on an error (if not his being bullied).
It is utterly absurd / incorrect / wrong to believe that someone is not going to be receive joint legal custody and shared parenting (not "supervised") based solely on a past criminal record. I have seen custody awarded to people with past criminal records. It absolutely depends on all the facts. If he's currently not doing well (criminal activity, substance abuse, etc) or if the conviction is for a sexual offense (esp. against a child), then the conviction would be highly relevant. If, by contrast, he's a now-clean addict who has his life together and is a good parent, a criminal record will NOT prevent the court from treating him as such.
IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.
In my experience, the courts will enforce a custody agreement as long as both parties entered into it freely and voluntarily. I do not think the lack of attorney involvement will be a problem since the agreement deals with custody. As long as their has been no significant change of circumstances since entering into the agreement (e.g., you have become disabled, accusations of abuse or neglect, etc.), the court will most likely be reluctant to modify the terms you agreed upon.
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