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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 06-05-2015, 08:10 AM
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If I have a parenting agreement signed is it possible to have this agreement endorsed by a judge and made into a court order?

Without having to go through the entire process...application, response, CC, SC etc....

A bit of history that might help;

Current parenting agreement was signed in 2007. Father "signed over his rights to child" in exchange "to not pay child support" (this is the actual language)

Father and daughter have never met.

Parties have never been to court before.

Father now wants to be in daughters life, daughter although unsure has said she wants to know who he is.
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Old 06-05-2015, 08:17 AM
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Yes it's possible, but it would have to be "on consent".
Meaning, you both have to have signed and have witnessed the agreement.

Then you fill out a Motion 14B, and it will be heard before the judge, and if he/she has no questions or concerns, it would be endorsed.
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Old 06-05-2015, 08:41 AM
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So Father has realized he made a huge mistake and both he and the child want to be in each other's life now .. and .. your'e trying to make that not happen?

Or are you saying that you're doing the right thing and allowing both father and daughter to be part of each other's life and want that to be endorsed now (replacing old agreement).

Hope it's not the former for everybody's sake.

Last edited by LovingFather32; 06-05-2015 at 08:43 AM.
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Old 06-05-2015, 08:46 AM
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I don't believe that a judge would endorse an order stating that the father (or mother) can sign over their parental rights to avoid paying child support.
The Child Support is the right of the Child.....it is not in the child's best interests not to be supported by both parents.

That would be the judges overriding concern therefore they would not put it into an order.

The two parents can agree to whatever they want......until they don't and then they have a problem.
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Old 06-05-2015, 10:16 AM
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Quote:
Originally Posted by Cobourg View Post
I don't believe that a judge would endorse an order stating that the father (or mother) can sign over their parental rights to avoid paying child support.
The Child Support is the right of the Child.....it is not in the child's best interests not to be supported by both parents.

That would be the judges overriding concern therefore they would not put it into an order.

The two parents can agree to whatever they want......until they don't and then they have a problem.
I think you're absolutely right, I did not read the whole paragraph before I replied.

I don't think a judge would endorse such an order.

But if it was a reasonable agreement, with access and child support set out, then it could be endorsed without going through the whole "process".
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Old 06-05-2015, 03:51 PM
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Quote:
Originally Posted by LovingFather32 View Post
So Father has realized he made a huge mistake and both he and the child want to be in each other's life now .. and .. your'e trying to make that not happen?

Or are you saying that you're doing the right thing and allowing both father and daughter to be part of each other's life and want that to be endorsed now (replacing old agreement).

Hope it's not the former for everybody's sake.
I am trying to replace the old agreement with a new one that would include some sort of allowance for visitation schedule so they could get to know each other. I want a clear understanding that protects the both of us.
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Old 06-05-2015, 03:54 PM
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Quote:
Originally Posted by Cobourg View Post
I don't believe that a judge would endorse an order stating that the father (or mother) can sign over their parental rights to avoid paying child support.
The Child Support is the right of the Child.....it is not in the child's best interests not to be supported by both parents.

That would be the judges overriding concern therefore they would not put it into an order.

The two parents can agree to whatever they want......until they don't and then they have a problem.

No you are correct, it was never endorsed by a judge.

I accepted it, and call me what you will but I was not trying to ruin anyone's life by forcing "blood from the stone".

He claimed he couldn't help out so I took it for what it was and did what I had to do to support my daughter.
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Old 06-05-2015, 03:56 PM
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Quote:
Originally Posted by OntarioMomma View Post
I think you're absolutely right, I did not read the whole paragraph before I replied.

I don't think a judge would endorse such an order.

But if it was a reasonable agreement, with access and child support set out, then it could be endorsed without going through the whole "process".
Thank you, and this is my goal.
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Old 06-05-2015, 07:07 PM
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I don't think a judge would endorse an order that states explicitly that a parent will not pay child support.

However, just because your ex is officially required to pay CS doesn't mean you have to collect it. If you think your ex really doesn't have the money, you and he could agree privately (no judge involved) that you will not seek to have the order enforced.
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Old 06-08-2015, 09:25 AM
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Quote:
Originally Posted by stripes View Post
I don't think a judge would endorse an order that states explicitly that a parent will not pay child support.

However, just because your ex is officially required to pay CS doesn't mean you have to collect it. If you think your ex really doesn't have the money, you and he could agree privately (no judge involved) that you will not seek to have the order enforced.
Oh he claims he wants to start helping now, however only if he can speak to and see our daughter.

I told him I am okay with that but we have to take it at her pace. He disagrees with that and said that I am letting her run the show.....I told him I am not going to force her into something she isn't ready for, the time will come he just has to be patient.

I'm confused and really don't know how to proceed. The conversations have gotten hostile, quickly, to the point that I don't even respond. He now doesn't want anything in writing and claims he "doesn't need a contract" to see his daughter.

I want to do this the right way.

He abandoned her, I've done it all by myself and I'm sure everyone knows its not easy. All I am asking for is some piece of mind and some protection from the courts.

After everything I've done and all the heart break I've had to mend, I find it hard to accept that he can just come in, completely turn our world upside down and call all the shots.
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