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me and my ex that was not married. if we came to the agreement…

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me and my ex that...
me and my ex that was not married. if we came to the agreement that we would trade off weeks having our daughter( here one week there the other )does she have the right to all of a sudden tell me i only get her on the weekends?
Submitted: 8 years ago.Category: Family Law
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Answered in 7 minutes by:
6/11/2010
Family Lawyer: Loren, Lawyer replied 8 years ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 39,319
Experience: 30 plus years of experience.
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Parents can reach an agreement on custody and parenting time. However, under Missouri law, informal agreements are not enforceable until a judge signs a judgment ratifying that agreement. This means that either party can choose to renege on any informal agreement which is not court approved. This is why it is crucial to formalize these agreements with the signature of a judge. So, the short answer is that if you want visitation time and the mother has backed out of her previous agreement, you will have to go to court and get a court order which will give you enforceable visitation rights. Good luck. I hope it works out ok for you.
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Customer reply replied 8 years ago

can she forcably take her away after the week end?

 

Family Lawyer: Loren, Lawyer replied 8 years ago
What do you mean by forcibly?
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Customer reply replied 8 years ago
can she make us legally give her back at that time or can i legally keep her until the appointed time of her going back
Family Lawyer: Loren, Lawyer replied 8 years ago
If she has custody. Also, Missouri is somewhat backwards in that there a presumption that the mother should have custody.
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Customer reply replied 8 years ago

niether one of us has went to court because we were on this agreement and the laws changed in august of 09

Family Lawyer: Loren, Lawyer replied 8 years ago
Obviously, if there is going to be a court fight over custody, the court's main consideration is what is in the best interest of the child. It is important that if you are seeking joint or full custody demonstrate: (a) having adequate housing for the children; (b) living in a good school district; (c) having a work schedule that makes joint or sole custody plausible; (d) exhibiting patience and an even temperament (and avoiding what we call a "bar fight" mentality); (e) complying with all court orders; and (f) making a positive impression with the guardian ad litem, if one is appointed.
I do not think, in the long run, you taking the child from her primary home will sit well with the court unless there is some immediate danger to the child if she continues living with her mother and in that case, you should be going through the police or child protective services. As always, you are urged to consult local counsel to protect your rights in this matter before taking any action.
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