[sfonyc]

Hi,
We got divorced 4 years ago and I always paid child support on time. My ex got married and I got laid off from work after a few months later... I couldn't find a job and decided to go school instead of wasting time. In the best interest of our child I, my ex and her new husband agreed to allow my ex's husband to adopt our child. So we executed an out of court agreement under which:

1. My ex received 100% parental custody
2. I was relieved of paying any further child support
3. My ex husband were to adopt our child at an appropriate time

The agreement was singed by all 3 parties in the presence of Notary Publics.

Does this agreement hold any water in the court of law? They haven't yet filed for adoption.

Thanks in advance and regards.

[tawnynkids]

No, it would have to be an order to be legal. Right now all it is is an agreement you made with the ex but is not enforceable by a court of law. You do not have to allow the ex's husband to adopt your child if you have changed your mind. That document could serve to show intent only but it is not a legal order. You can also request the 100% custody be changed to allow for joint custody. 50/50, 80/20 whatever. Custody even if ordered by a court can be modified (usually a "change of circumstance" would need to be met), only an adoption is irreversible.

[s_cianci]

Until the judge grants a petition for adoption it holds no water whatsoever.