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MN-CS custody question Minnesota

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  • MN-CS custody question Minnesota


    In the agreement we have 50/50 legal and physical custody, we agreed not file for CS. Can we write in the agreement that we waive CS ? if not what wording should we use?
    Can one of us change the joint custody later on if its in the agreement ?

  • #2
    I am not as familiar with the law as many of the other posters here, but thought I would respond with what I do know, since no one else has responded to your post.

    What type of "agreement" is this? Separation agreement? Custody order???

    The agreements/orders that I have seen worded it similar to this: Both parties agree that the financial needs for the care of the child will be the responsibility of the parent who has physical custody of the child at the time the need arises.

    You will also need provisions written out for medical needs, as they are usually addressed separately (each parent paying their portion spelled out precisely).

    Are you typing up some kind of agreement yourselves? Will this be filed with the court, or simply signed and notarized to keep on file?? (If that is the case, I would suggest you have it filed with the court as well, you can do that yourself - my original custody agreement for my son was handled through our separation agreement & not filed with the court. I regret not doing so)
    I also recommend that even if you type up this agreement yourself, ask a lawyer to look it over and advise you if there are any red flags. That consultation/review should not be as much as if the attorney were doing it him/herself.... I would hope.

    Now as to what you can do afterward as far as changing it - if this document is to be a court ordered custody arrangement, then no..... you can't change it without another court order.

    I'm sure once some other folks see this post, they may have better or at least more specific advice, as they have more vast legal experience. But, I hope this helps somehow.... at least it will bump it to the top for others to notice it.

    God Bless!


    • #3
      Actually, I just have more questions (and one answer).

      As far as the agreement about CS, IF the judge finds that the child will not be harmed or deprived by lack of CS and if you both earn roughly the same amount, the judge MIGHT okay the no CS.

      As far as changing the joint custody in the future...what do you mean? Are you both agreeable to joint custody now and want to know if one of you can just change it at some point in the future? Are you asking if you can include a clause in the 'agreement' that either of you may change the joint custody if one of you feels it's just not what you want anymore?
      HOOK 'EM HORNS!!!
      How do you catch a very rare rabbit?
      (unique up on him)
      How do catch an ordinary rabbit?
      (same way)