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Can You Enforce a Promise Made by Text Messages to Provide Items for a Child

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  • 01-29-2016, 11:53 PM
    mumyrabbit
    Can You Enforce a Promise Made by Text Messages to Provide Items for a Child
    My question involves a child custody case from the State of: California

    Can a text message agreement to provide diapers and other necessities to the non-custodial parent be legally binding?

    The backstory is there was an agreement that until the non-custodial parent got back on their feet the custodial parent would supply both children with their necessities on the non-custodial parents weekend, now the custodial parent wants to try and take away the children from the non-custodial parent if they cannot provide those things for them on their weekends.

    I just want to know if the text message exchanges and agreement between the two parents could be considered a legally binding agreement.
  • 01-30-2016, 12:14 AM
    Dogmatique
    Re: Can Text Messages Be Legally Binding
    Let's start at the beginning:

    If there is a child support order in place, a text message "agreement" to deviate from that order is not legally binding.

    If there is a visitation order in place, the CP cannot withhold the child/ren simply because the NCP is not/cannot pay child support.
  • 01-30-2016, 01:32 AM
    mumyrabbit
    Re: Can Text Messages Be Legally Binding
    There is no child support order, the judge denied the request.

    The child visitation agreement is also vague and doesn't mention this topic.
  • 01-30-2016, 01:45 AM
    cdwjava
    Re: Can Text Messages Be Legally Binding
    Well, in theory, this could be used as evidence of a verbal contract, I suppose ... but, is it worth suing the other half and going to war over?

    Absent any wording in the order addressing this issue, the order must be followed. If the order gives the non-custodial parent visitation, the custodial parent cannot withhold visitation because the NCP lacks "necessities."

    However, depending on what are referred to as "necessities" the CP may be able to use the NCP's lack of resources as grounds to return to court to modify visitation in order to assure the kids are adequately cared for when the NCP has the children.

    Just what are these "necessities?" A cell phone, clothing, FOOD, medicine ... what?
  • 01-30-2016, 02:00 AM
    mumyrabbit
    Re: Can Text Messages Be Legally Binding
    Diapers, wipes, toiletries, and clean clothes. Do not want to sue, just make sure that the agreement that had been reached is followed through on. It's not permanent either, it was agreed that the NCP would inform the CP when it would be feasible to end - most likely in a month or so.
  • 01-30-2016, 02:18 AM
    cdwjava
    Re: Can Text Messages Be Legally Binding
    Absent a suit in Small Claims court, there is no cause to withhold visitation if the order does not allow that. The CP may choose to allow the children to visit WITHOUT said "necessities," but, it will be the kids that will suffer in that situation.
  • 01-30-2016, 02:51 AM
    mumyrabbit
    Re: Can Text Messages Be Legally Binding
    So NCP could bring up CP's choice to keep the children's necessities from them in court proceedings then?
  • 01-30-2016, 03:18 AM
    Dogmatique
    Re: Can Text Messages Be Legally Binding
    Quote:

    Quoting mumyrabbit
    View Post
    So NCP could bring up CP's choice to keep the children's necessities from them in court proceedings then?

    And when asked why s/he isn't able to care for the children while they're in his/her care, the NCP is going to say .... what, again?
  • 01-30-2016, 03:29 AM
    mumyrabbit
    Re: Can Text Messages Be Legally Binding
    The judge already knows the NCP 's situation and has denied the CP child support because of it. The NCP has made great strides to get back on their feet and has proof that the NCP has lost work because of the CP wanting the other to work around their schedule.

    Also, the only reason it's not joint custody, is because of the NCP's situation, they have it on the recording at the court house the agreement of when the NCP gets back on their feet the custody would be split 50/50.
  • 01-30-2016, 04:20 AM
    cdwjava
    Re: Can Text Messages Be Legally Binding
    If the NCP refuses to send "necessities" (diapers, wipes, toiletries, and clean clothes) with the children, and the children live in filth for one, two or however many days they are with the NCP, then BOTH parents are at risk of trouble for child neglect. Yeah, it may not be fair, but if the CP is tired of pulling NCP's weight, then CP needs to go back to Family Court and spell out their respective responsibilities. And, if the NCP cannot fulfill those responsibilities, perhaps he should not be having overnight visits - perhaps it can be modified to supervised visits, or short term visits like a trip to the park, a playground, or whatever.

    A "war" here (by withholding necessary health items) will only be detrimental to the kids and could result in the children being taken by CPS.
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