Child custody agreement

[wishme30]

Jurisdiction

Texas

Hello,

I am working on child custody agreement with my partner outside court before we hire attorney. we both not sure if we can add following points in agreement or not? This is only for the purpose of safety of my child.
1. If child is going to live with anyone else other than blood relationship along with the parent having child custody, then parents need to provide criminal history of the parent.

2. Anytime, whoever is having child custody gets convicted for any crime or criminal activities including but not limited to child negligence, then Legal and physical custody of child will be given to the non custodial Parent.

 

[leslie82]

Hello,

I am working on child custody agreement with my partner outside court before we hire attorney. we both not sure if we can add following points in agreement or not? This is only for the purpose of safety of my child.
1. If child is going to live with anyone else other than blood relationship along with the parent having child custody, then parents need to provide criminal history of the parent.

2. Anytime, whoever is having child custody gets convicted for any crime or criminal activities including but not limited to child negligence, then Legal and physical custody of child will be given to the non custodial Parent.

You realize that you can present that to the judge but that doesn't mean it's going to get approved right?

You really want to put in there that if the CP gets convicted of ANY crime then sole custody goes to the NCP? Are you sure about that? Because a crime could be as small as a traffic offense that is violated. So based on your agreement if it gets approved and you are the CP if you get a speeding ticket you could lose custody of your child.

You both need to hire lawyers and go to mediation and not do this on your own because one or both of you is going to get screwed over. A mediator would work a lot better.

Also why should anyone have to provide a criminal history of a new partner? Seriously? Oh so you don't trust a non-"blood" relation but what if you have "blood" relation who are criminals? They can be around your kid but not a stranger? Seriously?

This sounds like a horrible idea. But it's your kid and your life.

 

[hrforme]

(1) And what if they provide a background history that the NCP doesn't like (and that could be just about anything!)? What are the consequences? Shouldn't this have to happen for the NCP too since I am assuming the child(ren) will have visitation there? what if both of you choose a partner with a criminal background (You never know!)

(2) agree with Leslie -- how are you defining "any crime"? not sure you want to be that vague

Honestly hire the lawyer/mediator... it will be worth the cost in the end. They exist to help you both through the minefields....

Also consider what it truly means TO THE CHILD to have primary custody switched..... yes, you want to keep them safe, but you can't control everything that might happen in the future....

 

[army judge]

In Texas we don't call it custody.
In Texas the term is usually called: Joint Managing Conservatorship.
Before you create it, you must know what it is you're creating.

FAMILY CODE CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS

A crime against others doesn't mean either parent would be a bad parent.

Criminal activity against people outside the family (in some cases even within the family), isn't sufficient to deny either parent the inherent right to interact with their child(ren).

The agreement would fail muster (if challenged) because a right can't be denied or bargained away voluntarily, even if a person unwittingly agrees to deprive himself/herself of said right.

Furthermore, the agreement also harms the child by denying innocent children to have a parent involved in their lives.

Public policy across our society encourages parents to be involved and engaged with their offspring.