How to void a custody agreement?

My ex and I have a written agreement signed by a judge stating he has her one week and I have her the next. However, he doesn’t ever want to have her; he maybe sees her twice a month. If he doesn’t see her for a certain period of time does this void the agreement? And, if so, how do I prove he is not seeing her? I want full custody but if he voids the agreement it will make it alot easier.

Asked on November 8, 2012 under Family Law, Illinois

Answers:

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

Answered 8 years ago | Contributor

You need to act in some way to modify the agreement, either voluntarily between you or by court order.  Either way the court needs to put their stamp of approval on the matter.  Your testimony will be proof but you should also keep track in a book on a regular basis what his weeks are and which days he actually takes her (like a weekly planner solely for this purpose).  And receipts for activities you took her to or affidavits from outside parties as witnesses to the matter will help too.  This will also change your child support (if you have her more then you should get more support) so you may want to speak with a lawyer.  Good luck.


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