How can my son’s father and I legalize our custody arrangement?

We have everything split 50/50 where each of us has the same amount of time to spend with our son and have equal living expenses. Allowing our son to share equal time between parents is crucial for us, and we feel that child support is unnecessary and not welcome. However, in order for the state to recognize us as separated (as we were never married), we must file for child support. Is there any way to legalize our arrangement without sacrificing our terms? Do we need a lawyer? If not, do you have any advice for us?

Asked on May 25, 2012 under Family Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, I would seek legal help here.  Understand something: the child support is really not yours to waive.  The reason that states have encated child support laws and made them nadatory is because the chuldren are the ones that are made to suffer.  And although things seem nice and amicable now they may not be at some point in time.  You have a lot of little legal issues here being that you are not married and technically you are the child's only legal guardian until that is legally established.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.