Sacramento, CA asked in Child Custody and Family Law for California

Q: If there is no custody agreement and a child comes to visit another parent, would a signed letter be binding?

Mother of the children sent their daughter to live with their dad. The son is still in AZ with the mom, but was going to spend the summer with dad in CA. The mom said she would send the child if the dad agreed to sign an letter agreeing to return the child on predetermined date — would this be legally binding? There’s no custody agreement and the mom took the children from CA prior to being served

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James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: If there is no formal custody agreement in place, a signed letter between the parents may not necessarily be legally binding. However, it can be helpful to have a written agreement in place to clarify the terms of the visitation arrangement and help ensure that both parents are on the same page.

It's important to note that without a formal custody agreement, either parent may have the legal right to take the children without the other parent's permission. However, if the parents can come to a mutual agreement about visitation and custody, this can help avoid potential conflicts and provide some level of legal protection.

If the father agrees to sign a letter stating that he will return the child on a predetermined date, this can be a useful tool for establishing clear expectations and minimizing the risk of a dispute. However, it's important to ensure that the terms of the agreement are clear and that both parties fully understand and agree to them.

If there is any uncertainty or disagreement about the terms of the agreement, it may be wise to consult with an attorney who specializes in family law. They can help you understand your legal rights and obligations and ensure that the agreement is legally enforceable.

In addition, it may be a good idea for both parents to consider formalizing their custody arrangement through a legal process such as mediation or court proceedings. This can help provide more stability and certainty for the children and both parents, and ensure that their rights and interests are protected.

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