Written Agreement not filed in court

This is a discussion on Written Agreement not filed in court within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; At the time of my divorce, I was incarcerated. Our final agreement says that the Father would have sole custoday ...

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Old Jul 28th, 2012, 10:29 AM   #1
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Default Written Agreement not filed in court

At the time of my divorce, I was incarcerated. Our final agreement says that the Father would have sole custoday UNTIL MY RELEASE. At that time, if an agreement for shared parenting could not be reached we would have to file with the court to have one established. We did come to an agreement that has been in effect for 2 years now. It was signed by both parties, but never entered into the court. We are now trying to change the agreement but my ex is saying he still has sole custody according to the divorce decree and has final say. Is the agreement we signed and that has been in effect for 2 years now upholdable in court, or is he correct that he still has sole custody if another agreement is not reached?
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Old Jul 28th, 2012, 12:39 PM   #2
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Default Re: Written Agreement not filed in court

I wish to inform you that your agreement will not be enforceable in court because written agreement was never taken in the form of court order. If you desire child custody then you can file a motion for modification for child custody. You can argue that it is in best interest of child that child visitation must be granted to you because then child can have love and care of both the parents.

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Old Jul 28th, 2012, 02:15 PM   #3
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Default Re: Written Agreement not filed in court

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Originally Posted by richardson5290 View Post
At the time of my divorce, I was incarcerated. Our final agreement says that the Father would have sole custoday UNTIL MY RELEASE. At that time, if an agreement for shared parenting could not be reached we would have to file with the court to have one established. We did come to an agreement that has been in effect for 2 years now. It was signed by both parties, but never entered into the court. We are now trying to change the agreement but my ex is saying he still has sole custody according to the divorce decree and has final say. Is the agreement we signed and that has been in effect for 2 years now upholdable in court, or is he correct that he still has sole custody if another agreement is not reached?
The agreement you had should have been filed with the court and ratified. That being said, if you two have lived up to the shared parenting agreement for two years, that will be in your favor to have another order entered along the same lines. Vut you will have to file a motion in court to have the agreement ratified, the original custody order modified.
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