Q. My boyfriend and his ex-girlfriend have a child together. Even though they broke up before their son was born, they have always worked well together, come to agreement on any issues, and have never argued about money or child support. They never took each other to court for custody, and agree on a joint custody arrangement, splitting everything half and half. However, I want to make sure my boyfriend is protected and has some sort of legal rights. Neither party has the money to hire an attorney. Can they write up a parenting agreement, have it signed and notarized, and have it hold up in court if there was ever an issue? How can they make a legally binding parental agreement without dragging in expensive lawyers and legal assistance?
A. Yes, they can definitely do this on their own without hiring on an attorney or lawyer. They can work together to write up what’s called a “parenting plan” that they both agree on, that they both feel works for them and their son. Other paperwork regarding paternity is “required” as well. They can either do this with a mediator in the family courts and have it entered in as a court order, or they can write it on their own, have it signed and notarized by both of them, and also have that entered into the court. That way, the document is legally binding and then they must follow the parenting plan or else the other parent could take the issue to court and fight for custody of their son.
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