Anyone know who has rights?

[kam88]

Ok, here's a little info. When SS was 1 year old my husband and SS's mother split. At that time she gave him (with legal paperwork) joint physical and custodial custody. At that time they decided to trade off each month. So, husband had him for a month and then BM had him for a month. They also traded every other weekend and got a couple evenings during the week to take him to dinner. BUT, when we moved in together they decided that it might be better for him to live with her on a "temporary" basis until things got more normal for him. I was having a baby and we bought a new house. He was also starting a new school, so we decided to work him in slowly. Well, he is used to it by now and it has been six months. We had him for two months of that and every other weekend. Now we want to get things back to normal (every other month the way it used to be) and she is saying hell no. That we can have the summer months and two weeks at X-mas, but he will live with her during the school year. We live 10 minutes apart, so there is no reason he has to live with her during the school year. So, my question is what can we do in this situation? We got a lawyer, but he is out of town and I was just looking for some answers. Does she have rights because we made a verbal agreement to change things even though we wanted it to be temporary. Does that court paperwork, which has never been changed, do us any good that says he has joint physical and custodial custody??

Any input would be greatly appreciated.
Thanks!

[JW]

Whatever is in the original, written document is what you go by. If he physical custody, and everything else has been "verbal," both parties made a mistake that could be costly. Your husband and the ex will have to file papers to modify whatever items need to changed.

Most powerful words in the English language "in writing."

Good luck - dad's deserve their kids, too.

[Lawmoe]

Your order is enforceable because it was never changed.  However, the other parent may certainly bring a Motion to change custody based on past parenting time exercised.  

You should file a Motion for contempt.