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Is this type of agreement possible and legally binding?

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patience

Guest
I live in Alabama. I was recently divorced and was given sole legal custody of my two children. My oldest son wants to remain in Alabama because of his school ties and friends. He doesn't want to live with his Dad, but says he will do so in order to stay here. My son does not want his Dad to have custody so he can leave his options open in the event he changes his mind about staying in Alabama. I believe, in time, he will change his mind and want to live with me at my new home. My question is this...can I have a document made that states my son can live with his Dad, but his Dad cannot pursue custody? Also, the document would state that I give my permission for my ex to sign any neccessary documents relating to school or medical purposes. Is this a binding agreement? After all, most forms ask for PARENT or legal guardian, and he is a parent.
 


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pickle

Guest
I am not a lawyer, but wanted to give you some advice. BE VERY CAREFUL ON THIS!! I made an agreement (both verbal and written) with my ex that my child could spend 1 school year with her. My ex gave me her word that there would be no trouble from her about this. (I have always had custody since divorce.) However, she is no turning her back on her word and suing for custody. Hopefully, she will not win but the fact that I voluntarily let my child stay there for over 6 months may be the ultimate reason that I could lose custody. If you still have a good, honest relationship with your ex, it may work out. But if nothing else, any agreements you work out must be at the least notorized and filed in the court. Otherwise your agreement will mean nothing if he comes back later to get custody. Good Luck.
 

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