How to Proceed with Termination of Custody Suit

**97C5ENVY** · 06-11-2010, 08:51 PM

Custody issue in TEXAS

My ex filed a suit to modify custody outlined in divorce decree (which grants me full custody). Along with her suit she placed a temporary restaining order on me...that restraining order has since been dissolved. While waiting for our custody hearing (one week away) my ex and I have worked out an agreement (outside of our attorneys) plus my ex has decided to drop her suit against me. So my question is: What is the proper proceedure(s) my ex needs to follow for terminating her custody suit (other then notifying our attorneys)? Will the county clerk or the court need anything? If so what?

BTW this "agreement" will be in writing and it will be signed by each party and notarized, however we want it to be bewteen us only (ie. no courts or attorneys involved) if possible.

**babycakeJR** · 06-11-2010, 08:55 PM

I can't answer your question but my mom always told me "don't back down". Get what you want and don't go easy on your ex or it woun't turn out good.

**Dogmatique** · 06-11-2010, 08:56 PM

One thing:

Your agreement will not be enforceable in a court of law unless a judge signs off on it.

Please rethink this. Court orders protect ALL of you.

**CourtClerk** · 06-11-2010, 08:57 PM

Quoting Dogmatique

One thing:

Your agreement will not be enforceable in a court of law unless a judge signs off on it.

Please rethink this. Court orders protect ALL of you.

Wholeheartedly agree....

**97C5ENVY** · 06-12-2010, 03:58 AM

Thank you all for your concern. However I am not really loosing anything in this "agreement"...i'm just allowing my child to spend more time with my ex during the summer. Thus avoiding a potentially nasty and costly custody disspute that will drag yet another child into the suit and countless other people.

And yes I do understand the "agreement" is not enforcable without a court order. But it satisfys my ex.

**ealexdixon** · 06-12-2010, 08:08 AM

It satisfies your ex in the short term. What if she wants to do something outside of your personal, mutual agreement in the near or distant future? What legally binding, and enforceable, agreement would be in place to protect you, your ex, and your children?

I understand you don't feel as if you're losing anything in the agreement you and your ex set up, but essentially you're losing the regulartory supervision of the court system. Take it from the people that provide advice on this forum, if you don't get a court order outlining visitation, you're going to run into even more nasty, costy custody disputes in the future. Besides, if you and your ex can come to an "agreement" regarding visitation now, what's stopping you both from coming to an agreement and having a judge sign off on it?

Protect yourself, protect your ex, and most of all, protect your children.

**Xena** · 06-13-2010, 02:54 PM

Quoting 97C5ENVY

Custody issue in TEXAS

My ex filed a suit to modify custody outlined in divorce decree (which grants me full custody). Along with her suit she placed a temporary restaining order on me...that restraining order has since been dissolved. While waiting for our custody hearing (one week away) my ex and I have worked out an agreement (outside of our attorneys) plus my ex has decided to drop her suit against me. So my question is: What is the proper proceedure(s) my ex needs to follow for terminating her custody suit (other then notifying our attorneys)? Will the county clerk or the court need anything? If so what?

BTW this "agreement" will be in writing and it will be signed by each party and notarized, however we want it to be bewteen us only (ie. no courts or attorneys involved) if possible.

I'm going to be very blunt in the hopes that you understand what everyone has been trying to tell you:

You are an idiot if you do not get this agreement signed by a Judge and made into a legal enforceable court order.

Since there is already a modification pending, the best thing to do will be for you and her to present your agreement to your attorneys and the court at the hearing. Unless the agreement is outlandish, the Judge will be able to simply sign it making it the modification that has already been filed for. Ver simple procedure and that way everyone is fully protected by the order.