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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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Please let me know if this agreement is good between my wife

Customer Question

Please let me know if this agreement is good between my wife and I before we file for divorce tomorrow (I am the Father):
This agreement covers the Custody, Finances, Day care needs, and Tax filing scenarios. Also this agreement takes into considerations the changes of events with living arrangement and work status of (Father).
• During the time period when (Father) is not employed in a job related to his career and experiences:
1. (Father) will pick up (Son) from the exchange location agreed upon with(Mother) on Thursday morning at 8:00 AM, and Return him to the same location on Sunday evening at 8:00 PM.
2. No Child support payment shall be granted to either parent.• During the time period when (Father) is employed in a job related to his career and experiences, and (Father) is still residing with siblings two hours away:
1. (Father) will pick up (Son) from the exchange location agreed upon with (Mother) on Friday evening at 6:00 PM, and Return him to the same location on Sunday evening at 8:00 PM.
2. No Child support payment shall be granted to either parent; while (Father) cannot afford to move to an apartment close to son’s residence with his (Mother).• During the time period when (Father) is employed in a job related to his career and experiences, and (Father) is living in an apartment close to son’s residence with his (Mother):
1. (Father) will pick up (Son) from the exchange location agreed upon with (Mother) on Friday evening at 6:00 PM, and Return him to the same location on Monday morning at 8:00 AM.
2. (Father) agrees to pay (Mother) $ 500 per month for Child Support for (Son).• (Mother) will include (Son) on her tax filing status with the above custody arrangement.
• (Father) will include (Son) on his tax filing status if at any time during the year, (Father) paid for Son's day care of 3 days or more.
Submitted: 2 months ago.
Category: Family Law
Expert:  LegalGems replied 2 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 2 months ago.

Whenever the custody and support of a minor child is at issue, the court will determine the best interests of the child and ensure the agreement coincides with that.

So the court will review the agreement before incorporating it into an order; however, they typically "rubberstamp" agreements when both parents agree;

this form needs to be submitted as well:

http://www.courts.ca.gov/documents/fl355.pdf

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 2 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html

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