My ex waived his parental rights when my son was born with the condition that I waive child support. The judge approved it. My ex has never laid his eyes on my son who is now 11 years old and I have never received/or asked for a dime in child support per the agreement. The judge at that time was hesitant because it is the child's right to have both parents in his/her life and also be financially cared for. The judge said that the child could later ask for his father to be involved in his life and this agreement would not hold any water. I am still single and my son does not want anything to do with his father but I may end up filing for child support for his education but only if my son is comfortable with it.

First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

I am very surprised a judge agreed to this. Generally such an agreement would not be legally binding. But I suspect the judge was telling you, this is an agreement between the two of you and it would NOT be legally binding if either of you decided to not follow it. Not just on the child's decision.

However, I would first, approach the father outside the courts and ask if he will help with an education fund. If he refuses, then tell him that leaves you no other choice but to pursue it through the courts. If he cites the agreement, tell him you don't think a court will consider it legally binding.

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Originally Posted by ScottGem

Generally such an agreement would not be legally binding. If he cites the agreement, tell him you don't think a court will consider it legally binding.

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No! Such agreement is legally binding/i.e. you cannot claim abandonment and/or neglect because the NCP has never paid child support/ , but the case may be re-opened at any time.The judge was right.

The fact is easy, even the Judge said that his ruling would not "hold water" the Judge who signed the paper said it was not a valid or even a good ruling. Legal, yes since the judge signed it.

So if you file for support, the ex can file for joint custody, visitation or more

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Originally Posted by GV70

No! Such agreement is legally binding/i.e. you cannot claim abandonment and/or neglect because the NCP has never paid child support/ , but the case may be re-opened at any time.The judge was right.

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Let me clarify, without a judge's approval, such an agreement would generally not be legally binding. With the judge's approval it can be used to prevent punitive action against the father for not paying support, but it would not be allowed to prevent either the father or mother to pursue their rights (his for visitation or hers for support).

Sorry -- did not mean to piggyback -- thank you all for your comments, they were very helpful!