Thank you for the additional information. Based upon the facts which you stated above and his failure to honor and comply with the agreement, it appears as though your mother would have to take him back to you to enforce it and seek the relief, which she requests. Unmarried parties who cohabitate and have a relationship over long a period of time may have rights to financial support and property. Unmarried parties can enforce promises of support or property rights through a civil court action rather than in family court
. These actions are often called Marvin claims. While the Supreme Court in Marvin expressly declined to treat unmarried cohabitants like married persons, the Court stated that agreements (including oral contracts) between unmarried partners should be enforced like any contract between unmarried people. A Marvin claim must be filed as a separate civil action because it is not a family law
matter. The statute of limitations (the period within which a Plaintiff must commence the action) for a Marvin claim will depend upon which legal theories are asserted. Applicable legal theories may include breach of express or implied contract, implied partnership or joint venture, quantum merit, unjust enrichment, constructive fraud, the imposition of constructive or resulting trust, and additional legal remedies. When there is a breach of an agreement to share property and acquisitions equally, or to provide lifetime support, the injured party can seek redress through a Marvin claim. As far as any issues with a child(ren) which they had together and support, this would be another issue which needs to be addressed and if the father is not letting her see the child, she would need to seek custody and court ordered child support
, if the father is failing to cooperate and work this issue out as well.
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