QUESTION
Can an agreement be considered mutual over a text message between me and my son's mother 3 months ago?
Asked on Mar 17th, 2014 on Child Custody - Idaho
More details to this question:
About 3 months ago my son's mother and I came to an agreement. Instead of me keeping him just 6-8 on Thursdays that wasn't my weekend, I could keep him over night the 2nd and 4th Thursday of every month. A few days ago she got mad at me and told me that it wasn't a mutual agreement and that I can no longer keep him overnight on those Thursdays. And if I tried, I wouldn't get him on Thursdays at all. I know legally she can't stop me from getting him, but was this text from 3 months ago considered a mutual agreement? We've been doing it like this since she agreed and now that she didn't get her way she's trying to change it 3 months after doing it, already. Can I legally continue to keep him and consider it a mutual agreement or would I be arrested for kidnapping? We live in Texas and have the Standard Possession Order. My son is 2 1/2.
2 ANSWERS
A judge will always go back to the agreement/order signed by a judge. If you have not been involved in legal proceedings where a judge has signed an agreement for custody arrangements, then you need to hire an attorney and go to court seeking to have the custodial agreement you and the son's mother entered into via text become an order of the court.
Answered on Mar 18th, 2014 at 1:57 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
That agreement is worth the paper it is written on. Yes there was an agreement and now there isn't. If you really want to formalize what custody you are entitled to, you need to go to court and get a custody order. There is no other way to do it. And yes you are entitled to custody, but if you breach the peace or disrupt the child's normal routine, the judge when there is a case will not look kindly on that.
Answered on Mar 18th, 2014 at 11:28 AM