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Maryland Family Law Question: My ex-spouse and I have

Maryland Family Law Question:My ex-spouse...
Maryland Family Law Question:My ex-spouse and I have contentious custody battle the past six years. 18 months ago, we signed a consent order to have 50/50 physical custody of the our two teens. The language of 50/50 physical was overlooked in the consent order. Both parties have stated in court several times the custody the agreement is 50/50 and the Court based the child support on 50/50 arrangement. Seven months the teens the 50/50 worked well. The past 11 months, the mother has denied the daughter to visit me (father) because I took away the daughter's cell phone. I have filed a Show and Cause order for denial of visitation. The mother (Plaintiff) is arguing that the consent order does not implicitly state 50/50 that either of the kids have to visit. I have researched previous cases and found verbal/oral agreements are legal enforceable. My question would a verbal custody arrangement be enforceable and would a Show Cause order be helpful with a contempt of court?
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Answered in 5 hours by:
3/26/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,360
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Could you explain a little more?

Did the Consent Order state that both parents would have 50/50 physical custody of the twins?

If so, what is the language that was overlooked?

Kindly clarify.

Thank you for your cooperation.

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Customer reply replied 3 months ago
The consent order is without the language of 50/50 visitation. The judge calculated the child support based on 50/50 shared custody. The 50/50 was discussed in court and the judge asked if we wanted 50/50. Both parties verbally agreed to a 50/50.Thank you

Thank you for the information.

I am sorry for the delay in getting back to you. I was offline when your response came in.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

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Your Question:

The mother (Plaintiff) is arguing that the consent order does not implicitly state 50/50 that either of the kids have to visit.

Response 1: I disagree. 50/50 also means 50/50 visitation. It is not necessary to also state 50/50 visitation when both parties have 50/50 physical custody.

I have researched previous cases and found verbal/oral agreements are legal enforceable. My question would a verbal custody arrangement be enforceable and would a Show Cause order be helpful with a contempt of court?

Response 2: Yes and Yes especially since the agreement was made in open Court.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,360
Experience: B.A.; M.B.A.; J.D.
Verified
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