1 year ago I gave up my custody of my son so his mother would quit harassing me and my family and in return she agreed to no child support in return we both signed the papers with an attorney can she come back and get child support because she is having financial problems

Unless you signed those papers in court, in front of a judge--then absolutely.

Actually, it doesn't even matter if you went to court. She can always go BACK to court to modify support.

And if she goes on public assistance, the STATE will come after you for support, as the taxpayers should not be supporting YOUR child.

And technically, giving up custody isn't giving up your rights. You can't terminate your rights in most places unless it is to clear the way for an adoption. And in those few places that you CAN terminate rights without an adoption, it does not terminate responsibilities--like child support.

The flip side of this is that you can also modify things---you can go back to court and get court-ordered visitation and/or custody.

Beat her to the punch and file for visitations. Tell her the paper must be worthless if she is able to file support you are just as able to file visitation.

The issue here is, that I will have to guess this is not in the US, since what you did was not legal. A parent can not give up rights to a child. They can agree not to have visits, and a mother can not really agree not to ask for support, there are times, when the state will come after for the mother.

I would be really worried, if a "real" attorney made up these papers.

But if this is the US, and this was not done in front of a judge, those papers are worthless basically.

And yes, mother can go back anytime she wants, and even ask for the back support from any child support order in place

I can imagine the attorney's strategy here; the attorney may have realized that such an agreement would be on weak foundation but was betting that OP would not know that and thus would not try to get the agreement overturned. Was the attorney representing you, Shortdog, or your ex?

The issue here is, that I will have to guess this is not in the US, since what you did was not legal. A parent can not give up rights to a child. They can agree not to have visits, and a mother can not really agree not to ask for support, there are times, when the state will come after for the mother.


I know a lot of people that make agreements like this outside of court over issues with the kids. Yes its not binding in court but as long as they both follow their agreement and don't seek any help or legal aid within the system and they follow the agreement then there is no 'legal law' getting involved with their agreement to say its not legal.

.... Yes its not binding in court but as long as they both follow their agreement and don't seek any help or legal aid within the system and they follow the agreement then there is no 'legal law' getting involved with their agreement to say its not legal.

True, except that " 'legal law' ". Is redundant.

Yeah in this case she is dragging the court into it. Even going for welfare upsets any chances of using your own agreement.

First any question on law needs to include your general locale as laws vary by area.

But in most areas, such a document is not legally binding. Meaning it will not prevent her from changing her mind and going for child support. Nor does it prevent you from seeking custody.

Also as noted, you did give up your rights, you simple ceded custody. These are two different things, and ceding custody gives her the option to pursue support. Only a court can terminate rights and courts are very reluctant to do so. As noted, generally they will do so, only to clear the way for an adoption.

So if she does file for support, you can counter file for joint custody.