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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 36125
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My daughters father and I have reached an agreement (s

Customer Question

Hi- My daughters father and I have reached an agreement (his request) that I understand would not be executed by the court system. But we would like a document in writing. He essentially asked me to drop child support if he gives up all rights + vistation to her. B/c he has mental problems and frankly has barely been involved to date.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: NYC
JA: Have you talked to a lawyer yet?
Customer: I did speak to someone yesterday but hoping to resolve without having to pay an arm + leg for a document. Hoping to find a simpler solution and get additional recommendations
JA: Anything else you think the lawyer should know?
Customer: Let me double check what I wrote to be sure
Submitted: 7 months ago.
Category: Family Law
Expert:  LawTalk replied 7 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

In all honesty, any document that you use to memorialize the agreement between you and your ex will not be worth the paper it is printed on. No court would ever give any legal effect to such a document and you gain absolutely nothing by paying an attorney to draft such an ineffectual document for you.

In fact, I doubt that any ethical attorney would be willing to draft such an agreement because if the risk that you would later sue them when the document turned out to be worthless.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug

Customer: replied 7 months ago.
Hi Doug-Thank you for the reply. I understand that part and frankly I am fine with it as of now. if for some reason he wants to rejoin her life at a later point, I will simply re-file for child support and he will have to file for visitation rights. We just need something that basically clarifies our intent to each other at this point. If it changes down the road, I know it can't be enforced but it does put clarity on the table for both of us to work from.
That said, b/c of the nature of the document, I am looking for a cost effective option to have this document drafted.
Expert:  LawTalk replied 7 months ago.

Hi,

Is there a reason that you can't simply draft such an agreement yourself---or pay a college student $20 to draft such an agreement for you? On this one, think outside the box. You are not drafting a legal document and you don't need an attorney. If you for some reason MUST have such a document, then it doesn't matter who writes it up for you. A friend, a neighbor or as I said a college student looking for a quick, few bucks would be more than sufficient. Save your money and forget about hiring an attorney to cr4ate the document for you.

Seriously, no intelligent attorney would dare draft such a document for you----again because of the risk of being sued by one of you down the road.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

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