The mother of my now adult son and I agreed on the termination of my parental rights in order for her husband to adopt him.
We had the agreement notarized, witnessed and prepared, but she never filed the original document with the court.
Can I still ask the court to enforce the agreement?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce and child support laws where I am licensed to practice.
Most courts would prefer that a child have two parents that can be held accountable for supporting the child. Once the child has reached the age of adulthood or become emancipated, the parent has no further duty to support the child and the parent and child are able to determine whether they wish to have a relationship.
If the husband never adopted your son, the court may determine that it was in the best interest of your son to have both you and his mother obligated to support him.
If you believe it is proper to move forward with attempting to file the agreement, you may submit it for filing with the clerk. This type of document would likely require space for the judge’s signature. If that is the case, it would not become effective until the judge signs it, making it an order of the court.
However, since your son is now an adult, this would likely have little to no effect as there is no longer a duty to support him, unless issues of educational support remain.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.