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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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There is no custody order in place yet. What if we resolve

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There is no custody order in place yet. What if we resolve to enter a settlement in which he agrees to no overnights in bargain to something else financial ie less alimony etc.? Could this be enforced by the Court if we agree?

Thank you for your question and thank you kindly for allowing me to assist you again.

That can be enforced. Just lease be advised of a very important caveat--a property settlement agreement or alimony is generally binding and final once granted. It is not able to be modified later unless there was fraud or misrepresentation during the settlement agreement. A custodial order, however, can be modified as it is independent and is based on what the courts see as being in the best interest of the child. Your negotiation cannot have clauses or conditions where he would agree to not challenge custodial orders as such language would not be valid or binding.

Good luck.

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