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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2512
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I have a question about a contract for child custody my ex

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I have a question about a contract for child custody my ex wants me to sign it but I am not sure if I should yet until I get more info. I live in California and I have full physical custody of the children. But I will be moving soon overseas and my ex refuses to let me make passport for my youngest child unless I agree to give him 50 50 custody. I think it would be easier to post the contract so it'll be easier to discern it. But not sure if that's safe to do.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: It's in California
JA: Has anything been filed or reported?
Customer: Not yet no all I have is a court order from 2013 that gives me physical custody but not sole custody
JA: Anything else you want the lawyer to know before I connect you?
Customer: I also had a restraining order on the ex but it has expired already it was only good for 2 years

Can you please attach the contract?

Customer: replied 2 months ago.
Hopefully it's correct I've sent the contract

Let me make sure I understand this and am not missing something - other than holidays, neither of you gets visitation with the child that lives with the other parent? Is that correct?

I see if you will be overseas that this makes sense, but are you going to transport the kids back and forth every holiday?

I would like to know what information you would like to know. One red flag I see is that it doesn't say if the children should be together for holidays. Unless there is a problem with the children living together, you probably want to indicate that so that the kids get to spend some time with each other. Do you just want general feedback or do you have specific questions?

Customer: replied 2 months ago.
My ex paid a lawyer to procure this contract up and that was what they came up with. I am not too concerned about the children getting to see eachother which they will regardless of what the contract says. The reason my ex is having his lawyer make this contract is to ensure speedy process of having child custody go to 50 50 so that he can enroll the oldest son into school without problems. They school already restricted my ex from picking him up from school etc. So to make it easier we decided to go this route. BUT I wanted to see if this contract would in short screw me over in any way shape or form in the long run.
Well, it's permanent. If you move back to the U.S. , you don't get custody of both children back. If that is what you intended, it should specify that in the offset. Also, if he has more income than you, then he should be paying child support. You don't have to ask for it, but if you do ask for it, the person with the higher income will have to pay for it.
Customer: replied 2 months ago.
what you're saying is I cannot contest or revise the contract if I come back to the US. And that I would have to place a clause stating that the original court order will override the contract if and when I do come back to California? What else should I put on there to make sure that I don't lose anymore of my rights?
Customer: replied 2 months ago.
Is it possible for me to get 100 percent custody of my youngest while the ex can get 100 percent of the oldest? I asked my ex and he said that his lawyer told him that the judge would most likely throw it out because they don't really like to separate children for long periods. Is what he told me correct or is he just saying that to get me to relent and agree.
I believe it's correct. I've seem judges do just that.
Customer: replied 2 months ago.
Okay then thank you I will make a few revisions before signing it.

You're welcome. I'd be happy to provide more information if you need it, but if you have no further questions, I'd appreciate if you'd rate my answer so I may get credit for my work. Thank you.

S. Kincaid and 5 other Family Law Specialists are ready to help you
Customer: replied 2 months ago.
Thanks I think that's all I need hopefully everything else goes well