I have a two month old son with my boyfriend, and he has become very aggressive with me. I told him that if he didn't change he wouldn't be allowed to see his son anymore. He promised to change and told me to draw up a legal contract stating that if I saw him as an unfit father in the future that I could then take full custody. In other words, he would sign away his rights to his son if he didn't change. He said that this way if he failed to be a good father, and there was a custody battle in court that I could walk out with full custody. How do I go about making a contract like that valid?
1 Answer from Attorneys
A contract like you are describing would be of questionable value, and probably could not be enforced in court. The best approach for you is to institute a paternity action against your boyfriend in Jefferson County Family Court. You can then enter into a written agreement with him, outlining such things as custody, visitation, and periodic child support. Once this agreement is approved by the Family Court Judge, it becomes an enforceable court order. Then, if his behavior is such that it endangers your child's welfare, you can limit his visitation, or the Court could order limited, supervised visitation. In any event, your child's economic welfare would be assured, by regular child support payments.
Thomas A. McAdam, III, Attorney
2950 Breckenridge Lane, Suite 9
Louisville, Kentucky 40220