Q: My ex-wife and I have agreed that I will be taking custody of one of our two sons. How do we inform the courts?
About 4yrs ago my wife and I divorced and she got custody of all 3. Since then my daughter has turned 20 and moved out leaving just my two boys. Last month one of my sons has moved in with me full time. We have agreed I will no longer pay child support, she has one son I have the other. How do we go about making this legal?
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A: You will need to prepare an agreement (Stipulation) which sets forth your agreement in writing as to both the parenting time (custody) and the child support. That would get filed with the court, the judge would presumably sign off on an order adopting the stipulation, and you would be good to go. You can look on the statute court website for forms, or consult with an attorney if you are concerned about doing it on your own.
A: Even with your ex's agreement, the prior court order applies until and unless the court enters a new order. You should file a written stipulation with the court and have the court approve your agreement. Your new arrangement will need to fit in with the child support guidelines or you will need to present compelling reasons to deviate from the guidelines. You should retain an attorney to make sure this is done right to protect yourself.
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