Q: my child’s father won’t sign our custody order after we have been to court and it’s been finalized.
hi my child father and I settled a custody agreement on December 1 of 2023. I I have signed my portion of the custody agreement, but he has not even though child support was supposed to go into effect on January 1, 2024. What will happen to him if he does not sign
A:
It depends on whether the "agreement" arises out of mediation and is commemorated in a signed mediation settlement agreement or whether it was announced in open court and expressly irrevocable.
In many cases involving child custody, agreements reached between the parties are revocable at any time up to the signing of the final custody order by the court. In the above two situations, such an agreement may be irrevocable--which means he can't change his mind.
If the agreement is irrevocable, your attorney should file a motion to enter the final custody order, set it for hearing, give the father notice, and proceed to submit the order to the court at the hearing.
On the other hand, if the agreement is revocable, your attorney should set your case for final trial and proceed accordingly. Settlement negotiations will most likely not be admissible in your final trial and will not be binding on either parent.
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