If we agree verbally on a child visitation schedule can he just default to the MSA when he feels like it?

Question

My kids have been used to a half-week schedule as verbally agreed for over a year. He forced me to go back to the MSA (week-on-week-off) schedule even though the kids don't want it. His actions were a result of me quitting my job and being supported by my new husband. I was helping split the monthly health insurance payment (not required too in MSA, he is required to provide insurance), but after quitting I told him I would no longer be helping. He changed the schedule to the default week-on-week off in the MSA out of spite.

James L. Arrasmith · Answer

In California, when a Marital Settlement Agreement (MSA) is in place, it generally governs child visitation schedules unless both parties agree to a different arrangement. If you've had a verbal agreement that deviates from the MSA, it's important to know that such agreements are often not enforceable in court unless they are put in writing and approved by the court. 
 
If one party decides to revert to the schedule outlined in the MSA, they are typically within their rights to do so, as the MSA is the legally binding document. Even if the change in schedule seems retaliatory, the court will usually uphold the MSA unless there is a formal modification. 
 
If the current MSA schedule is not in the best interests of your children, you may consider filing for a modification of the child custody order. In doing so, the court will assess the children's best interests, including their routine and established relationships, before making any adjustments to the visitation schedule. 
 
It's advisable to consult with a legal professional who can guide you through the process of modifying a custody order and provide representation if necessary.

Padideh Seyed Jafari · Answer

Verbal agreements regarding child visitation are not legally binding unless formally incorporated into a court order or a revised Marital Settlement Agreement (MSA).  
 
However,  In any legal action involving children, the court will consider the best interests of the children above all else. If the week-on-week-off schedule is not in the best interests of your children, and particularly if it is causing them distress, this is something that should be discussed with your attorney and potentially brought to the attention of the court. Also, while the verbal agreement is not legally binding, having a record of it, along with any communication between you and your ex-spouse about the agreement, can be helpful. This might include texts, emails, or notes from conversations where the agreement was discussed. 
 
If the informal arrangement has been working well for over a year and is in the best interests of the children, you might consider formalizing this arrangement by modifying the MSA. This would typically involve a legal process and the agreement of both parties.

Q: If we agree verbally on a child visitation schedule can he just default to the MSA when he feels like it?