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Signing over child custody rights

Posted By: Thomas M Eross

Q

My ex husband and I have 50/50 custody. I’m the primary custodian and he gets visitation. He wants to sign his rights over to me. But he wants to no longer pay child support and have the past due balance removed. I am okay with this, but is it possible? Will the courts allow him to not pay past due child support and give me full custody if that’s what he wants?

A

I would need to know more information to adequately answer this question.

While you and your ex husband may agree to this arrangement, such an agreement will have to be approved by a Judge.  The Court will use the “best interests of the child” standard when determining whether or not to relieve your ex-husband of his child support responsibility.  If the judge determines that such a change would negatively affect the child’s well being, it is likely that the judge will not approve such an arrangement.  Although, having an attorney help you file the proper documents and motion will help you get closer to achieving you and your ex-husband’s desired result.

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