custody change

[stepmomof2]

my husbands exwife gave us custody of their children 3 yrs ago and she drew up an an agreement on her own that they both signed stating the change in custody. We are wondering to take this to court do both parties need to have lawyers to have this change over in the court order. Since they are both in agreement of the change.The court order in place states she has custody but we really need to get this changed. Also her admendment states that niether party would be responsilble to pay child support upon signing her agreement . She has not paid C.S at all for the 3 yrs we have had them. Will the judge stick to that part as well or will he order her to pay C.S. for both children, and maybe also pay for the insurance. Anything information that you that you have to help us would be great. We live in Virginia.

 

[irish223]

The agreement you signed is not legally binding.

You husband should file for legal custody and child support on his own, without the ex. His ex will be notified of the hearing. He will most likely get custody and child support awarded since the children have been with him for 3 years.

Neither one of them is required to have a lawyer for this, but it would be a good idea. The Virginia courts have information for those wishing to represent themselves here:

http://www.courts.state.va.us/