Family Law Questions? Ask a Family Lawyer Online.
Have you already gotten a divorce? with a support and custody order setting out the custody agreement?
If not, then you can make that part of the support and custody agreement.
If you already have one in place, you would need to draw up a new contract setting out the terms that you are agreeing on with both of you signing and having it dated and notarized. It would then be a binding contract that would supercede any previous divorce agreement.
There is no special legal terms you need to use. You would just draw up the agreement in simple terms stating what you are both agreeing to, both sign it and date it in front of a notary, and then it is a binding contract that is enforceable by either party.
Does he pay child support directly to you or go through the courts child support division?
Ok, then technically he would have to continue to pay the support if you don't want to go through the courts to get it set aside. But your written agreement would be considered a binding contract enforceable by either party. So you can just state that you are voluntarily transferring physical custody to him and that you will refund his payment each month as long as he retains physical custody.
And yes, you can enter into any agreement that you both agree to and have it be legally binding as long as it is not for an illegal purpose (this isn't).