We had an agreement through texts on what days he would pick up our son or drop him off (4 out of 7 days). Even though we are separated he keeps asking to get back together, I have said no multiple times. Thursday when he had our son and I was in college he texted me inappropriately, he wanted us to keep having sexual relationships. When I told him no he said he was going to be keeping our son over night and now he wont let me see him at unless I agree to make a different schedule with him again. I keep telling him I don't want to agree to anything and want to do everything legally this time, and he said he wont let me see him then. He does send me pictures of him but I want to know if I were to agree to his schedule through text and once I had him not give him back until we get a parental plan, would not honoring our text agreement affect me in court. (He damaged my car when I wouldn't get back to him and lives with a drug addict) I need advice please.
When a married couple splits up and has children, until there is a court order for timesharing, techincally both parents have equal rights to the children. Although your texts regarding a schedule may bear some weight in front of a judge, again there may be reasons why a verbal or "texted" agreement should not continue. For example: when he doesn't get his way he damages your property-those could be grounds for a domestic violence injunction against him. Another, for example, is he lives with a person with a substance abuse problem and it could be harmful to your children, especially if that person is around the children when your husband is not supervising.
What you need to do is get in front of a judge to establish a time sharing schedule, or at least a temporary schedule. If the divorce is filed already you can request a hearing in front of a judge to do this. However, you must first file a motion requesting what you are seeking to have the judge do.
Belows is a link to some forms that may assist you with the motions. Some counties have personel who can help you with this as well. Once you file the motion then you should call the judge's office, speak to his or her judicial assistant, who should be able to help you schedule a hearing.
https://www.flcourts.org/core/fileparse.php/533/urlt/947a.pdf
Good luck, and don't be bullied! The kids are both of yours, but not sure why you'd agree to a schedule where he has them more than 50% of the time.
Cindy Vova
Law Offices of Cindy S. Vova, P.A.
Broward/Boca Raton
954-316-3496/561-962-2785
info@vovalaw.com
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