Parma Heights, OH asked in Family Law and Child Custody for Ohio

Q: If a kid has time with their dad and agrees to let the mom have the kid during his time can he later go back on the deal

If a child is with the dad from christmas til new years and the mom asks if she can take him on a cruise during that time and he says yes can he later change his mind and keep the child for Christmas and the time he has in the custody papers or since the agreement has been writen down in text does that make it so that he cant change his mind

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1 Lawyer Answer
Todd B. Kotler
Todd B. Kotler
  • Divorce Lawyer
  • Canton, OH
  • Licensed in Ohio

A: Technically, it is the court Order that controls where the child where children should be if the parties cannot agree. That being said, having had a written agreement to a one time alteration does complicate the situation. The facts you describe will not likely give you the ability to successfully file a motion, though. Perhaps, your parenting plan includes A provision to use a mediator in the event that you and the other parent cannot agree. This case sounds like a perfect situation for mediating. It is unlikely you could get a date for a contested hearing prior to Christmas with less than a month to go. The other thing that you might do is have your custody attorney review your agreement, as well as the correspondence between you and Dad. An attorney familliar with your court would be in the best position to determine whether your particular judge or magistrate would entertain a motion over a single holiday. Good luck.

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