I have a signed note from my ex granting me custody of our child.
Is there any way to make that a legally-binding agreement?
In Colorado, the answer to your question depends on where you are in your case.
Has a previous action (either divorce or custody) been filed?
If so, a motion to modify parenting time would need to be filed. If no prior action between you and the opposing party exists, you will need to file a new action.
I am assuming you are not married; therefore, an action for allocation of parental responsibilities would need to be filed. This is the term used in Colorado for what is commonly known as a custody matter, so please recognize that your state may use different terms.
In either scenario, you would attach the signed note to the filing. As part of your case management, you will need to get a formal parenting plan written up and signed by both of you.
Colorado has these forms available on their state websites, and your jurisdiction may have the same type of information available to you.
Once the parenting plan is filled out completely and signed by both you and opposing party, that information needs to be filed with the court as well to become an enforceable order. Each state has its own requirements for accepting stipulations regarding parenting time.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”