Residential Agreement

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astanton1031

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My husband has a residential agreement he has written up and we'd like to see if it's up to par or not. I'll give a little background on the situation.

My husband had his son when he was 17 years old. He stepped up to the plate and has been taking care of the little boy like he should. We have him on our insurance and pay for any expenses concerning school, medical, home, security etc. My husband has always had a steady job and his son is with him for the majority of it.

The mother hasn't been able to hold down a job ever. Currently she is on a 2 year jobless streak. She has never picked up the tab for any expenses. She jumps around from place to place and cannot provide a healthy enviroment for the boy. My husband and her were never married. We want to avoid court altogether and have made up a residential agreement that outlines my husband as the residential parent, and the one to claim his son on taxes since the mother doesn't pay for any expenses what so ever.

I'd like to see if there is anyone who could possibly take a look at the document and make sure it reads okay and that it is sound. Any help would be greatly appreciated. We don't want to have to pay $250 for it to get edited by the lawyer he's seen a few times. It's a simple notarization that we need to get done.

Thanks in advance!:)
 
My husband has a residential agreement he has written up and we'd like to see if it's up to par or not. I'll give a little background on the situation.

My husband had his son when he was 17 years old. He stepped up to the plate and has been taking care of the little boy like he should. We have him on our insurance and pay for any expenses concerning school, medical, home, security etc. My husband has always had a steady job and his son is with him for the majority of it.

The mother hasn't been able to hold down a job ever. Currently she is on a 2 year jobless streak. She has never picked up the tab for any expenses. She jumps around from place to place and cannot provide a healthy enviroment for the boy. My husband and her were never married. We want to avoid court altogether and have made up a residential agreement that outlines my husband as the residential parent, and the one to claim his son on taxes since the mother doesn't pay for any expenses what so ever.

I'd like to see if there is anyone who could possibly take a look at the document and make sure it reads okay and that it is sound. Any help would be greatly appreciated. We don't want to have to pay $250 for it to get edited by the lawyer he's seen a few times. It's a simple notarization that we need to get done.

Thanks in advance!:)

Unfortunately, a notarized agreement is of little legal value and will not prevent the mother from filing for support through CSE.

Is your husband the legal father? Are there any court orders for custody/visitation?

If your husband wants primary custody, he should handle it through the courts. If the mother agrees to his terms, it shouldn't be difficult to have the agreement court-ordered.

He may be able to do this on his own without an attorney (though one is recommended). Virginia court forms and instructions are online:

http://www.courts.state.va.us/forms/district/jdrcourt.html#dr
 
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