Question:
My wife and I separated, though it is not a legal separation and we have not filed for divorce yet because of lack of funds.
We have agreed that I will assume sole legal custody and sole physical custody of our child and she will have visitation rights.
Is it possible to reach an enforceable child custody agreement before a divorce is filed?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania divorce laws where I am licensed to practice.
Judges generally prefer that parties amicably come to a child custody agreement on their own. Prior to a divorce, if both parties can agree on custody, they may sign a stipulation agreement that specifies the terms of custody.
Without such agreement, both parties will have equal custodial rights to their child. The stipulation agreement and a consent order must be filed with the court and approved. Once the consent order is signed by the judge, the stipulation agreement becomes legalized.
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Keep in mind, although custody agreements are encouraged, they will always be subject to close scrutiny by the courts and are subject to being set aside as courts are not bound by such agreements and base their decisions on “the best interests of the child” standard.
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.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Philadelphia Divorce Lawyer Ashley Weiner, contact Cordell & Cordell.
