What to do if I was awarded custody of my 13 year old son when his mother was incarcerated but now he wants to go back to her?

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What to do if I was awarded custody of my 13 year old son when his mother was incarcerated but now he wants to go back to her?

He has been with me for 5 years. She has agreed to sign papers stating that she will never pursue child support, as I never petitioned the court for support. Is this legal and would it hold up in court?

Asked on January 2, 2013 under Family Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The agreement as to the mother never wanting child support from you for the subject child is invalid under the laws of all states in this country as a matter of public policy. Given what you have written about, I suggest that you consult with a family law attorney over assorted issues pertaining to the matter you have written about and the best way to accomplish such.


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