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Parents were never married, both parties live in KY.
No custody agreement was in place until 2006, when child was 7. Both parents (and step-parents) went to mediation, and agreed that as long as both parents remained living in the same school system, they would keep custody as 50/50 (every other week).
In the mediation agreement, a time-sharing plan was also outlined in case one parent decided to move to a different county (BM's family owns land in a neighboring county, and BM claims they plan to move there). It was not decided in mediation which parent would be the weekday vs weekend parent in mediation, just outlined how the child's time would be divided, and that parents would return to mediation if either parent moved, to decide which parent would have child during the week.
After mediation agreement was signed, BM started saying that BF would be the weekend parent, and she would not compromise. BF spoke with an attorney about his dissatisfaction with the mediation session (mediator allowed BM and her husband to yell and curse at BF during the session), and about how BM was now insisting that she would be the weekday parent, end of discussion. Attorney said given BM's history and mental health issues, BF should sue for full legal & primary physical custody.
At the hearing, judge did nothing but scold parents for going to court so soon after mediation, and told parents to take 2 weeks to "work it out" and if they couldn't reach an agreement, come back to court. BM agreed not to move, and parents have exercised 50/50 ever since.
Now BF is considering moving to the same area where BM's family owns land. Basically, BM says she will move if BF moves, and BF says he will move if BM moves. Neither parent trusts that the other will actually relocate.
Questions:
1) Since the parents came to an agreement after the original attempt at gaining custody, and never went back to court, does that mean that there is no "court order?" BF and/or his lawyer were never sent any documents to indicate that the judge had entered the mediation agreement as a custody order.
2) If the parents sign an agreement stating that they intend to move to X county within X number of months, and that custody will remain 50/50 after they move, unless there is a significant change of circumstances, will it be binding?
2b) Can the stipulation include a "penalty" if one parent decides not to move (i.e. they would become the weekend parent and/or provide the extra transportation caused by the move).
3) On this note, if there is no official "court order," if the parents write up a parenting plan, including child support, and both sign it, can they have it entered as a binding custody agreement?
4) Would said stipulation and/or parenting plan have to be in the language that court orders are written, or can it be in "plain English?"
Thanks!
Parents were never married, both parties live in KY.
No custody agreement was in place until 2006, when child was 7. Both parents (and step-parents) went to mediation, and agreed that as long as both parents remained living in the same school system, they would keep custody as 50/50 (every other week).
In the mediation agreement, a time-sharing plan was also outlined in case one parent decided to move to a different county (BM's family owns land in a neighboring county, and BM claims they plan to move there). It was not decided in mediation which parent would be the weekday vs weekend parent in mediation, just outlined how the child's time would be divided, and that parents would return to mediation if either parent moved, to decide which parent would have child during the week.
After mediation agreement was signed, BM started saying that BF would be the weekend parent, and she would not compromise. BF spoke with an attorney about his dissatisfaction with the mediation session (mediator allowed BM and her husband to yell and curse at BF during the session), and about how BM was now insisting that she would be the weekday parent, end of discussion. Attorney said given BM's history and mental health issues, BF should sue for full legal & primary physical custody.
At the hearing, judge did nothing but scold parents for going to court so soon after mediation, and told parents to take 2 weeks to "work it out" and if they couldn't reach an agreement, come back to court. BM agreed not to move, and parents have exercised 50/50 ever since.
Now BF is considering moving to the same area where BM's family owns land. Basically, BM says she will move if BF moves, and BF says he will move if BM moves. Neither parent trusts that the other will actually relocate.
Questions:
1) Since the parents came to an agreement after the original attempt at gaining custody, and never went back to court, does that mean that there is no "court order?" BF and/or his lawyer were never sent any documents to indicate that the judge had entered the mediation agreement as a custody order.
2) If the parents sign an agreement stating that they intend to move to X county within X number of months, and that custody will remain 50/50 after they move, unless there is a significant change of circumstances, will it be binding?
2b) Can the stipulation include a "penalty" if one parent decides not to move (i.e. they would become the weekend parent and/or provide the extra transportation caused by the move).
3) On this note, if there is no official "court order," if the parents write up a parenting plan, including child support, and both sign it, can they have it entered as a binding custody agreement?
4) Would said stipulation and/or parenting plan have to be in the language that court orders are written, or can it be in "plain English?"
Thanks!