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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.