Enforcing Verbal Custody Agreements During Separation

Omaha Nebraska Divorce LawyerQuestion:

My wife and I are separated, though no divorce paperwork has been filed. We have a verbal custody agreement that the children will live with me this summer and return to their mother’s home before the school year begins.

My wife is demanding the children be returned now even though school doesn’t start for several more weeks.

As the father, don’t I have the right to refuse to return our children until the original agreed upon time?


I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce laws where I am licensed to practice.

If no paperwork has been filed, then the parents have equal rights to their child.

With that being said, either parent may take the child anywhere they please without the permission of the other so long as they are the actual parent of the child.

If the father leaves the child with another person, then the mother may very well come pick the children up, as she has the right to do so.

She can demand the return of the child, but without a court order directing law enforcement to do anything or directing the father to do anything, she cannot enforce a simple verbal agreement.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.

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