contracts

[i.m.artist]

during the last days of my wife and I living together, the two of us drew up a contract stating that we would share our two children equaly , she has never lived up to her end of the contract, if fact she's now refusing me contact with my son, I do pay child support!!!!!!!!!!!!!!!! I showed this contract to a lawyer while I was filing for a PFA for my daughter, Against her mother and stepfather, He informed me to hold onto this contract. Can I sue for damges, sense my ex won't live up to her end of our signed adgreement.

 

[I AM ALWAYS LIABLE]

My response:

I have no idea why your attorney would tell you to "hang onto" your private agreement with your wife concerning child visitation, because the reality of that so-called "contract" is WORTHLESS !

When it comes to dividing personal property and real estate, a private agreement is just fine; however, when it comes to child visitation, that contract has no value whatsoever.

That's because a "private agreement" concerning child support and visitation effectively would nullify the court's jurisdiction if it could be valid. Only a judge can approve a custody, visitation and support agreement, and thereby, make it an order of the court.

The courts ALWAYS maintain, supervise and control a custody, visitation and support arrangement. Therefore, until a judge sees it, approves it and signs it, such a "private agreement" is worthless.

So, to answer your question, you can't sue your wife for not letting you see your children under your private agreement. If, after you receive a visitation court order, and she "interferes" with your visitation rights, THEN you can ask the court to enforce the orders against her - - to includes fines, jail time, and in severe cases, loss of custody.

Good luck, and get a valid court order.

IAAL