QUESTION
Is a verbal agreement for 3 years enforceable in a child custody case?
Asked on Mar 26th, 2015 on Child Custody - Ohio
More details to this question:
We had a court agreement every other weekend but for the past 3 years I've had the kids every single weekend. Now that I've filed for custody modification other parent is trying to revert back to old agreement from court. And has kept them from me last two weekends. How enforceable our how likely will the three year verbal agreement hold up? I have some texts saved.
2 ANSWERS
Family Law Attorney serving Independence, OH
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Abel & Zocolo Co., LPA
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Only the actual court order counts BUT if you go back to court, chances are that the court will follow what you have actually been doing. It would be in your interest, however, to hire a lawyer.
Answered on Apr 01st, 2015 at 1:15 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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In Ohio, a verbal agreement is not worth the paper it is not written on. For a modification of the court order to be enforceable, you must first prepare an agreed judgment entry which both of you sign and then submit to the court for consideration, and likely approval. Next time, consult a lawyer before you agree to something so important. This information is not legal advice and does not create a lawyer / client relationship. It is intended for entertainment only.
Answered on Mar 27th, 2015 at 12:41 PM