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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 23508
Experience:  Attorney with 14 years experience
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my husband and I are in divorce and fighting for sole custody.

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my husband and I are in divorce and fighting for sole custody. we are in the process of getting a child's representative and evaluation. The war seems like long and rough. What I would like to offer is to give up all the marital assets, including the house. I only want my kid's custody. And he doesn't need to pay child support as long as he agrees to give me the custody. Since he loves his money so much. I like to ask your opinion if I propose that to the court, will that irritate the judge? for me, I don't wanna anything else but my kids. he is fighting for sole custody because of money. He makes much more than I do. Instead of a long and expensive custody battle, letting others decide me and my children's life, i'd rather give up all the money I should have in this marriage, but having my kid with me.
Submitted: 3 years ago.
Category: Family Law
Expert:  Barrister replied 3 years ago.

Hello,

 

There is nothing that would prevent you from entering into a settlement agreement with your husband agreeing to give him all assets and waive child support in return for full custody. You wouldn't even have to propose it to the court if he would agree privately.

.

You could simply draft the agreement, have both parties sign it and have it notarized and then just submit it to the court as an executed settlement agreement. The judge typically will not question the agreement as long as both parties state that they have voluntarily entered into the contract. Parties are free to settle things between themselves and the courts actually encourage this.

.

But if your husband truly wants custody, he might not agree to this, but may agree to some type of visitation with you having sole physical custody.

.

.

thanks

Lawpro

 

 

Customer: replied 3 years ago.
Thanks for your reply. I am afraid that the judge might not grant even both parties agree with each other. because my husband makes much more than I do. after divorce, financially, i won't be able to maintain the life style my kids are accustomed to. so to the judge, it might not be the best interest of the children. my husband fight for sole custody is because of money. so i gave up all the money but my kids. he doesn't wanna pay me child support, he clearly said so. to me, the most important is my children. i just worry that smart judge wouldn't care if we reached agreement, because everybody can see it's not the best interest of the kids if the father doesn't pay the child support, i just want the judge to know how much i am willing to give up but my children. and i don't wanna be dragged into such a divorce long because it's not the best interest of my kids.
Expert:  Barrister replied 3 years ago.

You are correct in that the judge has a duty to make decisions in the "best interests of the children", but that doesn't necessarily mean that money is the most important thing. If you are able to provide a stable home, food, clothing and other necessaries that meet the needs of the children physically as well as emotionally, that is more important than vacation getaways, designer clothes, and an expensive home. Possessions don't make a home. If dad can provide every luxury but is morally or emotionally bankrupt and uncaring then his home environment will be much "poorer" than any one that you could provide.

.

But with that said, you could simply tell your husband that you will agree to any financial terms that he can get the court to agree to as long as you get physical custody of the children. Then it would be up to him and the judge to determine what was an acceptable settlement.

.

The long and short of it is that the judge will have to sign off on any agreement and if you can't agree between the two of you, the judge will decide what he/she believes is equitable. But the more you can agree to out of court, the shorter the process will be.

.

.

thanks

Lawpro

 

 

Barrister, Lawyer
Category: Family Law
Satisfied Customers: 23508
Experience: Attorney with 14 years experience
Barrister and 12 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
thank you.

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