questions about custody agreements

[holymolygeezzz]

What is the name of your state? GA

BM called and wants to work out an agreement for joint physical and joint legal custody instead of going to court.

Question - if we come to an agreement with the help of our lawyers on visitation, CS, and all other will the judge sign the order and it be that way forever??

BM said she didn't want to have to spend all that money for a judge to decide on it - so if anyone has any ideas or experience please let me know. Thanks,

 

[VeronicaGia]

What is the name of your state? GA

BM called and wants to work out an agreement for joint physical and joint legal custody instead of going to court.

**Excellent. Judges like when the parties come to an agreement.

Question - if we come to an agreement with the help of our lawyers on visitation, CS, and all other will the judge sign the order and it be that way forever??

**The judge may sign the order, but either party can file for a modification of the arrangements, so no, it's not forever.

BM said she didn't want to have to spend all that money for a judge to decide on it - so if anyone has any ideas or experience please let me know. Thanks,

**Sounds like a plan. Just don't let her talk you into having an agreement just between you two without a judges blessing, because it won't be worth the paper it's written on.

 

[holymolygeezzz]

Thanks VG -- do you think we could put something in the papers to say that this is in the best interest of the child that things are not modified ever again? Just curious.

 

[Whyte Noise]

Nope.

The law gives either parent the right to seek modification. You can't go against the law and say that you will never do it.

That didn't sound right. LOL

As an example: A divorce takes place in Washington. The parties stipulate to Washington having jurisdiction over all issues, forever. Both parties them move out of state. The UCCJEA governs who has jurisdiction over custody issues. So, even though the parties agreed that Washington would be the only proper forum to modify the decree, the law dictates who will, and the parties can't arbitrarily throw the law out the door.

Same with Georgia. The statutes provide for modification, therefore you can't "agree" that it will never be modified.

Hope that makes sense.

 

[stealth2]

Life changes. "Never" sounds like a great idea until you're the one whose life changes in such a way as to require a modification. It's not gonna fly.

But it's a very positive sign that she wants to try and come to an agreement with you.