My ex and I have a court order, but things changed, I proposed something else and we both signed a paper and both have a copy with the new time place for visitation. Will this hold up in court as far as him agreeing and me agreeing and if the judge doesn't like that agreement he can change it, but doesn't it look good that we agreed on something?
We have been doing this agreement since December 2006.
My ex comes maybe once to twice a month to visit
Doesn't work so he has plenty of time to come
Anyways, I was just wondering.
He is allowed to visit M-F for 3 hours each day but still only comes once a month. This last month he didnt come at all.
Thanks
2007-11-09 04:08:57 · 2 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Since the court order no longer worked, and we agreed on something else, if this stops working and we go to court, will the judge just think up another way to get it to work since we already tried one and the previous one no longer worked for the children??
2007-11-09 04:11:50 · update #1
Ya, that's what Im asking. Since we agreed and we both signed it will it hold up as far as "We had an agreement at one time" But if it stops working we will go to court but can still showed that we did agree on something else for awhile. Will they even talk about the old agreement or just think of something new?
2007-11-09 04:13:26 · update #2
Your mutual agreement should be fine unless there comes a time when one party or the other stops agreeing. Courts don't really like getting involved if something can be worked out between parties. As long as there are no problems, go for it. Times for visitation are usually set up to be convenient for both parties. While I think that visitation should be attended, most courts use it as a set timeframe a non-custodial parent "can" visit. Nothing to say they "have" to visit.
2007-11-09 05:08:43 · answer #1 · answered by sensible_man 7 · 1⤊ 0⤋
If the agreement is fair and does not violate any state laws or rules about visitation the judge is likely to accept it. However to be safe you should jointly petition the court to make the change so the court order reflects the new agreement.
The written agreement is not a court order and does not override one. If either party claimed the other was not complying with the order the judge MIGHT take the written agreement in account, however he very well may not. The safest thing to do is get the court order modified to reflect the agreement.
2007-11-09 04:22:43 · answer #2 · answered by davidmi711 7 · 1⤊ 0⤋