QUESTION
How binding is a "verbal agreement on file at court"?
Asked on Feb 24th, 2014 on Child Custody - Idaho
More details to this question:
My husband (separated) filed a protective order against me, it was (exact wording of paperwork I received after case heard) "dismissed because petitioner requested dismissal, agreement placed on record". There is no court order for visitation/custody, we have had a verbal agreement for almost 2 years with no problems, all of a sudden he did this. I am in the process of getting lawyer for divorce and custody. I have been primary care giver with at least per his "order, living with me 70% of time" for past 2 years. I have had children living with me until last 4/5 months all the time, he visited here, when he started having them over night on some weekends. Sorry, just want to know what I HAVE to do with the "agreement on record". Do I have to let him have kids as verbally agreed at that time?
2 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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I would have to see the whole order. In any case, it is not a parenting plan, which is what you should have, but someone would have had to file in order to get one. Since he has seen the children these last two years, there is no reason to change that now. That history is part of the basis on which to continue the same pattern in a parenting plan.
Answered on Feb 27th, 2014 at 7:22 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The verbal agreement only relates to the protection order, not custody. So I don't think it has much bearing on the custody case.
Answered on Feb 26th, 2014 at 7:22 PM