Q: Can I write something out myself, giving my son's father sole custody, and then have it notarized, and give it to him?
We have an equal joint custody agreement in the state of Arizona.
A: There are a lot of things one CAN do and then there are the things one SHOULD do. You should file a joint petition with the Court (assuming the child's father agrees to his having sole custody) and have the Court issue a modified child custody order. Changing child custody and parenting time could cause you to incur a child support obligation. Whether you file with the Court of not, you may be held responsible for child support at a later date. You appear to be in Texas with an Arizona child custody order. If neither the child nor the father remain in Arizona, you would need to file a petition to modify in the state where the child has lived for the six months before the filing. There is no simple answer to your question. If at all possible, you should speak with an attorney to ensure you are not making a misstep.
Happy New Year!
Paul Ylvisaker agrees with this answer
A: To expand on the gentleman’s answer, Arizona retains jurisdiction over the case until it is transferred to another state (where the child resides). If the child has been re-located to Texas you will have to first register the existing Arizona order in Texas. Once registered you can proceed with the joint peition as recommended. I strongly recommend you retain counsel to assist you with the process. Registering an order improperly can create significant problems later on.
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