How to question...

[concerned dadto2]

Soc, I have a brief question for a situation that my sister is in.  She lives in Georgia also - Clinch County.  She and her H have been separated for the last year and were married for 4.

Prior to the marriage these 2 had 2 kids.  In Ga.  we still have the issue of legitmizing kids.  She states there is a form that her and her H can fill out the health dept that will legitmate the children.

However, she also bought the Ga book on divorce and has the forms etc.  She is confused as to whether her and her H can still sign an Agreement that outlines the CS issues as well as visitation, since the kids are not actually "at issue" of their marriage, but born prior to it.

The kids are now 8 and 6.

1. If she files for D on her own can her and her H sign an Agreement outlining the issues of CS and visitation? Her H is willing to sign it, agree to pay CS, and waiver all future notice.

2. Should these 2 files for D amicably as 2 people that have no children -as none are at issue of the M?  

3.  And then her file for CS after the D in a separate case?

Just curious she asked me and I really can't seem to find the answer.  Sincerest thanks.

[socrateaser]

>1. If she files for D on her own can her and her H sign an
>Agreement outlining the issues of CS and visitation? Her H is
>willing to sign it, agree to pay CS, and waiver all future
>notice.

Yes, but any agreement must be ordered by the court before it becomes effective.

>2. Should these 2 files for D amicably as 2 people that have
>no children -as none are at issue of the M?

Save yourself a bunch of headache and treat the children as legitimate in the filings. If you file a stipulated judgment and the court signs it, then the kids will be instantly legitimized from that point forward.

>
>3.  And then her file for CS after the D in a separate case?

No, do it all at once.