Enforcing Verbal Child Custody Agreements

Question:

My ex-wife and I have operated off a 50-50 verbal child custody agreement since our divorce several years ago.

Our divorce decree only gave me parenting time every other weekend so our verbal agreement really benefited my children and I. Now she says she wants to revert back to the original court-ordered custody arrangement.

Do I have any rights to enforce our verbal child custody agreement?

Answer:

While I am not licensed to practice in your jurisdiction, I can provide you with some general divorce help for men regarding your child custody question.

It appears that regarding your child custody arrangement that you may file a motion to modify parenting time to reflect your agreement and to show that this agreement is in the best interests of the child.

I would review your original orders from your divorce to ensure that you comply with any requirements prior to the filing of a motion. Some agreements require mediation or that notice be sent to the other party prior to filing.

The parenting time issue will likewise affect the amount of child support paid. It appears you may also have an argument to file a motion to modify child support based upon an agreed upon change of the parties (50/50).

However, more information regarding the financial aspect of your case is needed to determine the exact possibilities.

Again, I am unable to provide you with legal advice on divorce and this should not be construed as an attorney-client relationship. Consult with a mens divorce attorney for advice on divorce and child custody laws.

To schedule an appointment with a Cordell & Cordell mens divorce lawyer, including Maile Kobayashi, a Boulder Divorce Lawyer, please contact Cordell & Cordell.