Mother Gave Up Custody

[kmayo06]

My question involves a child custody case from the State of:

Florida

the parents have 50/50 week on week off custody, and the mother sends the father a text message that says "you can have full custody, all I ask is to have every other weekend and rotating holidays" Then 20 min later the mother drops the child at the father's home, and leaves.

Question. Because its in a text message. And agreed to by both parties.
Would the father be able to take this to court and get it court ordered this way?

Also. Without getting the court involved. If in the next few months the mother tried to go back on the deal and go back to the week on week off 50/50 arrangement, would the father have to go back to it?

[cyjeff]

The court order is an order.

It is not a suggestion or a guideline that can be adjusted or changed by the parties named within simply because they wish it to be changed. You need to follow it until a judge says you don't have to anymore.

Yes, you can take it to court. I wouldn't expect it to be viewed as legally binding.

[kmayo06]

At the bottom of the final judgement from the last motification it stated something like...all changes must be made in writing and agreed on by both parties...I don't have it right in front of me.

If the father takes it to court and the mother then decided to go back on it..do you think the judge would stand by her decision to give up split custody?

[Dogmatique]

Nobody can guess how a particular judge will rule. The agreement can be seen as proof of Mom's intent, but she may get the chance to change her mind. Specially since this is via text message and hence there's no signature and no real proof that she actually wrote anything at all.

Until the court order is changed, she can absolutely go back to 50/50.

[kmayo06]

Ok, Thank you.. I had to check because our local law enforcement said that if she came asking for the child back that the text messages could be used as an agreement and they would not allow her to have the child back on the 50/50 arrangement.

[Dogmatique]

Oh really? They actually told you that?

Law enforcement CANNOT override a court order! They will tell Dad that it's a civil matter and to take it to court....

[kmayo06]

Yes the actually told him that!! In Person! I didn't think it sounded right!

[Dogmatique]

They'd actually be more likely to enforce the CURRENT order - and make Dad return the child to Mom per the CURRENT orders. That's if they got involved at all.

Text messages superseding court orders? Uh...no.