Legal Question in Family Law in Florida
Custody
The father and I have an agreement on custody and child support but nothing in writing. Is there a way to get it in writing with out going to court. should we both go to his lawyer and get his lawyer to draw it up or can we just put it on a piece of paper and have it notarised (bad spelling sorry)?
2 Answers from Attorneys
Re: Custody
You should both hire attorneys. Have one draft it for you. Have the other one review it for the Father. Drafting a pro se handwritten agreement regarding custody and child suppport will not cut it with the courts. Also, notarizing it is not some sort of magic legal wand that makes pro se handwritten agreements legal suddenly. This agreement needs to address certain issues. It also needs to have certain terms and language contained in it. Only a lawyer is going to know how to properly draft it. So don't "cut corners" because you will probably end up spending much more at a later date to have an attorney "clean up" an unenforcable pro se agreement regarding child custody and child support.
Re: Custody
Hello: I just read your question and the one response. I'm offering further clarification. These types of cases are often done with one atty. when the parties are in agreement on all of the issues and the case does not involve more complicated matters. That would include when there is a child involved and/or numerous assets or debts, etc. Additionally, the party without the atty, needs to be fully advised of the laws on those issues.
If there is a child and not a lot of assets and debts, the main issues involve child support and visitation. This can still be done with one atty. so long as the other party is aware of the issues and fully consents to the case being disposed of by the parties agreeing on all issues.
Once an agreement is signed, (the next steps may vary depending on what county you live in), in Duval, Clay and Nassau Counties, the person who filed the case goes to court and provides some required factual testimony to the court very briefly, the judge signs the Final Judgment and mails each side copies.
'Hope this helps. Tom Rosenblum