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My husband and I are filing for divorce jointly. He is aware…

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My husband and I are...
My husband and I are filing for divorce jointly. He is aware that in the future, I may relocate out of state with the children. He has agreed to a parenting schedule of every other weekend, but if I should move, he would have them for half of the summer. Should I include this stipulation in the divorce document? Or should I have him sign a separate paperwork stating agreement, and get that notarized?
Submitted: 2 months ago.Category: Family Law
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5/31/2018
Family Lawyer: Ely, Counselor at Law replied 2 months ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (And, please ignore any reports from the site regarding your expert being offline - they are incorrect.)

SOMEONE IN YOUR SITUATION WANTS TO INCLUDE THAT IN THE DECREE. Why? Because a stand-alone statement/affidavit from him is not binding. In AZ as well as majority of states, private agreements to custody (this includes such affidavits) are not binding. Only the Court can make a binding determination/order for custody.

So someone in your situation want to put that in your divorce decree and once the Court signs off on it, it is binding.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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