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  1. #11
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    Default Re: Can Text Messages Be Legally Binding

    Quote Quoting cdwjava
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    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?
    If the court has reviewed the matter and found that no child support is due, then there's no legal obligation to provide anything to the other parent -- that each parent is responsible for the support of the child when that parent has custody. That would seem to transform the text message into a promise to make a gift -- and you cannot sue to enforce a promise to make a gift.

    If you're caring for your child, and your child wears diapers, it's nobody's fault but your own if you choose not to buy any diapers or wipes before the child visits. The remedy is to make a store run; the same is true of baby shampoo or whatever other toiletries you have failed to purchase for your own use. Similarly, there's no law that says you must provide the other parent with a full wardrobe for the child during visits -- some parents have a real problem with clothes not coming back after visits, or coming back ruined. You're free to buy some clothes to keep at your home -- if you don't want to pay retail, hit resale shops, thrift stores or goodwill, which generally have a lot of baby and infant clothes -- and to return the child in the (clean or laundered) clothes they wore when they came over at the start of your visit.

  2. #12
    Join Date
    Jan 2016
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    13

    Default Re: Can Text Messages Be Legally Binding

    The NCP is homeless - which is why the agreement had been put in place and why the judge denied child support. The CP wanted overnights asap and now that the NCP has a free room to stay in has taken the overnights. NCP has been working and has just found steady work again...which means income won't be steady for a little bit, hence the agreement. Food for the children gets provided by SNAP, so the only concern is the other necessities for them.

  3. #13
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    Sep 2010
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    19,901

    Default Re: Can Text Messages Be Legally Binding

    Quote Quoting cdwjava
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    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?
    Doesn't sound like a contract at all. It appears to be missing several aspects of what is necessary to have a legal contract. First an agreement to provide something until the other party is back on their feet doesn't seem to be any indication that they will do so after they are back on their feet. Further, it appears to lack consideration.

    The custodial parent is unlikely to legitimately withhold visitation unilaterally. Certainly they can't if there was a legal custody / visitation order in place and any promises about who pays for what is likely to mean NOTHING with regard to an outcome in court if push came to shove. In general, you can't hold the kids hostage over support obligations even when they are legally obligated. Access to your CHILDREN are not contractual consideration.

  4. #14
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    Default Re: Can Text Messages Be Legally Binding

    Well, then, if the NCP can't make nice with the custodial parent such that she's willing to provide the generous gifts necessary for him to properly care for the children when they're in his care, the NCP had best start saving his pennies.

  5. #15
    Join Date
    Jan 2016
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    13

    Default Re: Can Text Messages Be Legally Binding

    That is good to know. NCP just wants to make sure that the children have the essentials when they are with them, for their health, since the CP knows the situation. NCP is willing to go back to no overnights if that is what needs to happen, however CP either wants overnights or to take the children away from NCP.

  6. #16
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Can Text Messages Be Legally Binding

    Quote Quoting mumyrabbit
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    The NCP is homeless - which is why the agreement had been put in place and why the judge denied child support. The CP wanted overnights asap and now that the NCP has a free room to stay in has taken the overnights. NCP has been working and has just found steady work again...which means income won't be steady for a little bit, hence the agreement. Food for the children gets provided by SNAP, so the only concern is the other necessities for them.
    You're using "agreement" and "the court denied" almost interchangeably.

    Did the court DENY a petition for child support, or did the parents AGREE to no child support?

    Quote Quoting mumyrabbit
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    That is good to know. NCP just wants to make sure that the children have the essentials when they are with them, for their health, since the CP knows the situation. NCP is willing to go back to no overnights if that is what needs to happen, however CP either wants overnights or to take the children away from NCP.
    Then I suggest the NCP starts providing for his/her children.

    Why the CP is being painted as the sole bad guy here, I do not know.

  7. #17
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    Default Re: Can Text Messages Be Legally Binding

    Quote Quoting Dogmatique
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    Did the court DENY a petition for child support, or did the parents AGREE to no child support?
    My interpretation is that the court suspended support due to the non-custodial parent's unemployment and homelessness.

  8. #18
    Join Date
    Jan 2016
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    13

    Default Re: Can Text Messages Be Legally Binding

    The court said no child support due to NCP's situation, NCP has no problem paying child support when they are able to. CP is not being painted as bad guy, just stating facts on what has happened. Both CP and NCP have issues communicating well with each other, but both agreed in a text message that CP would provide necessities for the children (best interest for them) until NCP could afford to do so - a timeframe of a month or two was also given. NCP has had problems before of CP not allowing NCP to see the children and not following through on agreements made (before child visitation was determined). CP is not a bad guy, not painting them that way just stating the situation that is currently going on and wanting advice on what would be in the best interest for the children - which involves items necessary for them.

  9. #19
    Join Date
    Sep 2010
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    Default Re: Can Text Messages Be Legally Binding

    All the CP can do is either just deal with it or go back to the court. The CP can not hold the kids as pawns in support squabbles lest they want to be found in contempt.

  10. #20
    Join Date
    Apr 2009
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    Default Re: Can Text Messages Be Legally Binding

    CP: Needs to follow visitation order.

    NCP: Needs to provide at least the basics during their parenting time.

    Both: Start thinking of the child first. I know, I know - it's a novel concept.

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