Separation agreement legality


#1

I recently filed my separation agreement and my wife came up to me yesterday saying she was going to take our child and give custody to her father, who is a stepfather actually. My question is can she do that even though we already have it filed? And what are the implications if she tries? Could I sue her for breach of contract if she does, and therefore possibly get complete custody of our child?


#2

Courts can always modify custody in the best interest of the children. If she tries to “give” custody to her step-father then you may have to file a custody action to get the children back.


#3

So if she does go through and give him custody would I have to pay child support during our separation period, or would that only be effective after the divorce was finalized?