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I need help in drafting up something for DH to takeover custody o SS

newmommy05's picture

BM has told us that she can no longer handle SS8 and wants us to take him. The time frame is going to start off at 1 year and then we will re-evaluate the situation and progress if any. We are not looking to go through lawyers as we are pretty civil, even friendly at this point. It is just something for everyone to sign so that it is formal.
What should we include?
How should we include visitations? (we live 9 hours away from each other)
What about child support? (BM is on welfare, DH currently gives her an amount for support)

I'm sure there is more, but what are the basic stuff we should include so we don't get screwed over somehow?

LucyD's picture

I just finished my very last exam to graduate law school, so I am probably biased, but I would recommend seeing a lawyer even if you are civil with each other. There are all kinds of things you might overlook when you draft the agreement, and you will never know when you've fallen into a trap until it snaps shut. My family law professor said that family law attorneys spend a great deal of time cleaning up messes created by amateur attempts to resolve problems when they should have sought professional help from the outset.

That said, you might tone down any appearance of incivility by getting a mediator, to be paid half by you and half by the other side. That way there's no question of whether the mediator is biased. You could just say you want to make sure you've covered all your bases and that everybody is getting exactly what they want out of the agreement.

*Comment is for entertainment purposes only and should not be construed as legal advice. No client-attorney relationship has been established. For advice on your particular situation, you should seek counsel from a qualified practicing attorney.*

Biggrin