If I can get my husband to sign a legal document stating that if he ever cheats on me again that I can move out of state with our children, would this hold up in court?

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If I can get my husband to sign a legal document stating that if he ever cheats on me again that I can move out of state with our children, would this hold up in court?

Asked on May 1, 2012 under Family Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The document that you want your husband to sign would most likely be deemed invalid as being in violation of public policy with respect to you being able to move out of state with your children if he ever cheats on your again.

The rationale that such an agreement would be in violation of public policy is that the law desires parents even if divorced to have consistent contact with their minor children assuming that the parents are good parents. For you to simply be able to move out of state with the children without regard to their welfare in the future would render such a contract "void' and not enforceable.


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