Q: My son's father and i have a verbal agreement when it comes to custody but recently he has no where to live.
Would this affect his custody rights if I was to submit an order to the court?
A: "affect his custody rights" ?? If you want court orders regarding custody, get court orders. Obviously, if he has no where to live, you don't want him to have custody of the kids. That doesn't mean he has no rights. Custody orders can be modified. Therefore, if his living situation changes, you can go back to court to give him more custodial time.
Joseph Torri agrees with this answer
A: Each case is unique. How he spends time with the children is critical. You can most likely come to a temporary agreement until he has a place to live. He has custody and visitation rights. Ask him where he intends to stay with the children if doesn’t have a place. The court will make temporary orders if a parent files a request for order for child custody and visitation. The court will make permanent orders (subject to modification) when the time is right. Most family lawyers offer a free initial consultation.
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