How do we write up an agreement for the non-contested relocation with minor children?

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The mother is moving to Michigan to be closer to her parents. I agree as long as our two children, ages 11 & 12, spend April vacation, one week of the Christmas break, and the whole summer with me. Also I would like to claim one child on my taxes to off set the cost of transporting my children. I want to be involved in their schooling, even if it can only be through e-mails with their teachers. Also, right now the mother has both physical and legal custody, but we will need to have joint legal custody in the case of an emergency while the children are in Massachusetts with me. Does this all sound fair and reasonable?

Attorney Answers

2
Estela Matta ·
Any agreement reached between yourself and other parent is not enforceable unless it is recognized by the court, incorporated into a judgment and made legally binding. So, I recommend you find a lawyer you can both agree to meet and have the papers drawn, have the lawyer file them and request a hearing date on the application and have a court accept them and incorporate them into an order/judgment after a hearing. There in a wrinkle to your joint agreement plans: if you have not been adjudicated father of the children-- the bad news is she could, conceivably, just take the kids out of the state and you would have no legal recourse, or it would become much more complicated. If there has never been a prior proceeding and judgment that named you Father you will have to file a Complaint for Custody/visitation and go through the process of adjudication. THEN the Agreement can be put into place with your specific request for tax relief and visits, etc.
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Henry Lebensbaum ·
I think you are asking for too little. In exchange for permission to move, there are other fair and reasonable requests you can make. You are selling yourself short at the expense of the father -children relationship. If I were your lawyer I would not approve of this transaction at all.
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