Q: How do you enforce a verbal / signed custody agreement with both parents - if you never added it to the divorce ?
both parents verbally agreed to a custody agreement, signed a contract that was never notarized.
A:
In California, a verbal or signed custody agreement that was not notarized or included in the final divorce judgment is not legally enforceable by the court. However, there are a few steps you can take to try to enforce the agreement or establish a legally binding custody arrangement:
1. Mediation: Attempt to resolve the issue through mediation with the other parent. A mediator can help you reach a mutually agreeable solution and draft a new, legally enforceable agreement.
2. File a motion: If mediation is unsuccessful, you can file a motion with the court to request a custody order that reflects the terms of your original agreement. You will need to provide evidence of the agreement and argue why it is in the best interests of the child(ren).
3. Seek a court order: If the other parent violates the terms of the agreement, you can file a motion with the court to enforce the order or hold the other parent in contempt of court. However, this will only be effective if you have a legally binding court order in place.
4. Modify the divorce judgment: If your divorce is finalized but did not include the custody agreement, you can file a motion to modify the divorce judgment to include the custody terms. This will require proving to the court that the modification is in the best interests of the child(ren).
It is important to note that the court's primary concern is the best interests of the child(ren) involved. Therefore, any agreement or order should prioritize their well-being. It is highly recommended to consult with a family law attorney who can help you navigate the legal process and protect your rights.
A: Informal and/or oral agreements that are not court orders or part of your entered judgment are not legally enforceable. You can however, obtain new custody orders post-judgment. You can file a Request for Order or you and the other parent can draft and sign a stipulation and order and submit it to the court.
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