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Post-Marital Contract/Parenting Plan

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allaboutres

Junior Member
What is the name of your state?
Texas

I'll try to make this as brief as possible. I am a former career girl turned stay-at-home-mom. I come from a very unstable marriage and have a child under 29 months of age. I have left 2 times in the past year but returned home at husbands plea.

He has agreed to ANYTHING I want and has said he will sign a contract "or whatever you want" and if it is violated I can leave peacefully with our child and set forth in an "amicable divorce". This is the same man who screamed and cussed me out in front of our child less than 3 weeks ago. He is taking a medication he blames for his behavior but I know in my heart that he has serious anger issues and should probably be on an anti-depressant.

That being said, I want a peaceful divorce. I know he will violate whatever actions set forth in this "post-marital" contract. My biggest fear is that I will not be able to leave the city we currently live in as he may impose a "geographic restriction". My plan was to move less than 300 miles away where my extended family lives and where my daughter will be watched during the week by a family member vs. a daycare in the city.

I am wondering if we draw up a legal document that includeds childcare visitation rights should we get divorced, ect. in this post-marital contract, will this hold up in court? I know it is looked at case-by-case. Any advice is appreciated:) I am so confused right now and unsure what to do.
 


Ohiogal

Queen Bee
No. YOu cannot do a postnuptial agreement used in the case of a divorce outlining childcare and support. Those documents cannot be written up until the divorce/legal separation is actually taking place. Child custody is not a contingency plan.
 

ceara19

Senior Member
Ohiogal said:
No. YOu cannot do a postnuptial agreement used in the case of a divorce outlining childcare and support. Those documents cannot be written up until the divorce/legal separation is actually taking place. Child custody is not a contingency plan.
Legal seperation isn't an option in Texas. ;)
 

Ohiogal

Queen Bee
ceara19 said:
Legal seperation isn't an option in Texas. ;)
Whoops. My bad :eek:
You can't do it until DIVORCE then. If you file for divorce you can include an agreed entry stating who you have decided the children are going to live with. Then the court can sign off on it if they agree it is in the best interest of the children.
 

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