I'm a single mother of one. I currently have the father on child support. I'm trying to join the airforce but when your a single mother you have to give temporary custody to someone willing to watch her until my tasks are complete. I don't want to give temporary custody to anyone. So if I offer my childs birth father a deal to take him off child support if he agrees to watch her during my studies what do I need to do to make sure he abides & follows the agreement. Is this possible? Can I sign any type of contract.
2 Answers from Attorneys
Custody is not done by contract. As I am sure the military told you, a court order is needed. For an unwed father to get custody he has to legitimate the child. And once he has custody you may not get it back.
As Mr. Ashman has said, to change custody, an order has to be signed by a Judge, and the father has to actually file a custody action, which he cannot do without legitimizing the child. He can do both at the same time, but if you agree to give him custody, you may be required to pay him child support and you will not be able to change custody without showing a change in circumstances. See if the Air Force will allow you to give someone temporary guardianship instead, as this does not require any type of child support order, and can be withdrawn more easily through the probate court.