Q: Can the mother filed for full custody even though they have a shared custody agreed verbally w/the father?
They sit and talk 2 days before she filed for custody it was clearly discuss and agreed to retained the schedule of the child with his father and will talked more about them moving some other time because she still need to attend a family gathering. But she blind sided the father and filed for this mediation hearing for their daughter full custody and reversely claim all the allegations filed for the father. Even though the father is supporting the child since birth even to her, even they separated from each other up until now.
A: Either parent can file for custody at any time. Any verbal agreement is not binding or effective and is subject not only to interpretation issues but is not enforceable.
The legal test for custody is what is in the best interest of the child, not whats best for the parents.
Consult an experienced family law to assist you
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.