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Child Custody Issue — domestic partnership property rights

Started by asking_for_friend_homeowner_today · Dec 20, 2024 · 882 views · 8 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
AF
asking_for_friend_homeowner_today OP

I'm dealing with a situation and need some guidance.

domestic partnership property rights. I've been dealing with this for about 7 weeks now and the situation isn't improving.

I have already consulted briefly with a lawyer but got conflicting advice.

Am I overthinking this or is this a real legal issue worth pursuing?

NB
newbie_business_owner_help

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

JC
just_curious_contractor_CO

Have you tried reaching out to your state's attorney general? They sometimes have free resources or mediation services.

TL
Mod_TermsLaw Moderator

I practice in this area. Here's my take on the legal issues.

Based on what you've described, you likely have a viable claim under the relevant statute. The standard is whether a reasonable person would find the conduct actionable.

One important thing — there are strict deadlines for filing these claims. Don't wait too long.

FD
frustrated_dev_2022

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

NH
need_help_student_question

NAL, but from what I've read, you should check your state's specific laws. That said, definitely get a lawyer to look at the specifics.

WS
worried_student_2025

NAL, but from what I've read, you should check your state's specific laws. That said, definitely get a lawyer to look at the specifics.

TT
throwaway_trader_OH

NAL, but from what I've read, you should send a written demand. That said, definitely get a lawyer to look at the specifics.

CD
confused_driver_OH

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

CN
CoParent_Navigating

We were never married but have two kids together (ages 4 and 7). Splitting up amicably and trying to work out custody without going to court. Can we just write up our own agreement?

FJ
FamilyLaw_Jennifer

You can absolutely negotiate your own parenting plan, and I encourage it — parents who create their own arrangements tend to comply with them better than court-imposed orders. But for it to be legally enforceable, you need to:

  1. File it with the court: An informal agreement between parents isn't enforceable until a judge signs it as a court order. If one parent later violates the agreement, you can't enforce it without a court order.
  2. Cover the essentials: Legal custody (decision-making), physical custody (residential schedule), holiday/vacation schedule, transportation responsibilities, right of first refusal, communication protocols, and dispute resolution (mediation before litigation).
  3. Address child support: Even if you agree on an amount, most states require child support calculations to follow guidelines. A court will review your agreement to ensure it meets the child's needs.

A family law mediator ($200-$400/session) can help you draft a comprehensive agreement and file it. Much cheaper than adversarial attorneys and preserves your co-parenting relationship.