Q: I am moving to washington state, I have a two year old son in which I raise alone and the dad comes in and out as he pleases, neither of us have custody. If we have it written up and notorized that he's aware and ok with me moving with our son will that hold in court if he tried to press charges for kidnapping?
A: I would recommend contacting a Virginia family law attorney to advise and assist you in drafting a formal child custody & visitation agreement to be executed by you and the child's father prior to you and the child relocating out of state. Depending upon the specific circumstances of your situation, the attorney might also recommend that child support issues be addressed in the agreement and, depending on your current marital status, may make additional recommendations regarding support and division of debts and assets.
Courts generally will accept an agreed upon arrangement between the parties regarding custody, visitation, and child support and such a written agreement can be submitted to the appropriate court for incorporation into a court order. However, nothing precludes either parent from challenging the agreed upon arrangement in the future based on a change of circumstances.
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