W. Tyler Moore, PC

Side agreements in child custody cases

Side agreements don't work in custody cases in Texas.  What is a "side agreement"?  it is a letter signed by the parents and often notarized which they believe resolves any issues concerning child custody, rights and duties, child support, or possession.  These letters do not confer any judicially enforceable rights if one party decides not to go along with the terms set forth in the letter. 

To have judicially enforceable rights to possession the children at certain times, to exercise specific parental rights, to receive child support, or be obligated to pay child support requires a suit affecting parent child relationship filed in a court where the children reside.  This type suit will result in a court order dealing with these matters. Only when such an order exists, can any rights or duties be enforced against the other party. 

For an order to be enforceable, it must be specific in the obligations and rights granted. Specificity is enforceable. Generalities are not.  Talk to an experienced child custody lawyer to help you.  Saving money trying to do it yourself can result in problems later on in the relationship.

Visit www.wtylermoore.com or call 713-929-2242.

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