What to do if my fiancé and I broke up but he’s willing to work things out if I’ll sign a letter that states if we break up again that he has primary residential custody over our son?

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What to do if my fiancé and I broke up but he’s willing to work things out if I’ll sign a letter that states if we break up again that he has primary residential custody over our son?

Can this legally be held up in court? We are not married nor ever have been.

Asked on June 25, 2015 under Family Law, Florida

Answers:

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

Answered 5 years ago | Contributor

Ok so your wrote this question here becuase you know that something is a miss with this request. A red flag, so to speak, went up for you.  Signing such a document could be considered a custody agreement. Now, whether or not it would hold up in court is another story.  But I would think twice about getting in to that legal battle here. Seek consultation from ana ttorney as to your legal rights in this situation.  Good luck.


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