Question from ID, What are the implications of breaking a verbal agreement related to a child custody order in Idaho?
Answer from AI:
In general, verbal agreements related to child custody and support orders can be difficult to enforce. This is because the court typically recognizes written agreements that have been legally approved.
Legal Status of Verbal Agreements
In Idaho, as in most states, verbal agreements about child custody and support are not legally binding. The court usually relies on the most recent written and court-approved custody and support order. This is because these orders are designed to protect the best interests of the child, and they provide a clear, enforceable guideline for both parents to follow.
Modifying a Child Custody or Support Order
If you and your ex have agreed to changes in the custody or support order, it’s important to get these changes approved by the court. This typically involves:
- Filing a motion to modify the order with the court
- Providing evidence to support the proposed changes
- Attending a hearing where the judge will consider the proposed changes
If the judge agrees that the changes are in the best interest of the child, they will issue a new order. This new order will replace the old one and will be legally enforceable.
What to Do When a Verbal Agreement is Broken
If your ex breaks a verbal agreement and wants to enforce the legal document instead, you may have limited options. Since the court typically recognizes the written order, it’s likely that your ex has the right to do this. However, you can:
- Document instances where the verbal agreement was followed, as this may be useful if you decide to request a modification of the order
- Consult with a family law attorney to understand your options
Remember: It’s always best to consult with a legal professional for personalized advice. The Idaho State Bar offers a Lawyer Referral Service that can help you find an attorney.
While verbal agreements can be helpful for day-to-day flexibility, they are not legally enforceable in the context of child custody and support orders. To ensure that any changes are legally binding, they must be approved by the court. If a verbal agreement is broken, it’s important to consult with a legal professional to understand your options.