Again - when you bump you actually move yourself down, not up. I answer the oldest posts first.
A party can always, always, always sue for child custody and child support, even if they already have an out of court agreement. Child custody and child support may always be modified by the court. Good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
My husband and his ex signed a separation agreement that gave her primary custody. However, this agreement was never incorporated into their final divorce decree, which meant he was left as still being primary custodian of their daughter, per the original separation agreement referenced in the divorce papers. Now, the mom is suing for primary custody based on the unincorporated agreement and a judge has granted her temporary custody pending the hearing.
Can a judge grant a change in custody based on an unincorporated amendment?
The amended separation agreement was only drafted up because he was leaving the country for a period of time on military orders and thought this would guarantee care for his daughter. And he has a follow-on notarized agreement that states this.