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  1. #21
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can Text Messages Be Legally Binding

    Quote Quoting flyingron
    View Post
    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.
    Well, I did say, "I suppose." But, I have heard of some very strange promises being made verbally and even via text and email and being used as the basis for Small Claims suits as a "contract." Whether this one would remotely be enforceable might depend on what it said. I doubt a court would entertain it, but, one can sue anyone for anything ... prevailing is another matter, entirely.

    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.
    Agreed.

    However, if the CP goes to court saying that the kids are not being provided for when with the NCP, they can ask the court to limit visitations until the kids can be provided for. In the meantime, in the kids' interest the CP should be providing the "necessities."

    Quote Quoting mumyrabbit
    View Post
    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.
    Well, if CP unilaterally denies visitation, that person may get in trouble by the court for violating the custody order. If the children are deliveed without "necessities" it is possible that the police and/or CPS could get involved and the children may be considered neglected and BOTH parents may get into trouble.

    Since it appears you are the NCP or a friend of the NCP all I can do is suggest that you NOT take the children if you are unable to provide for them. The CHILDREN need to come first, not your feelings.

  2. #22
    Join Date
    Jan 2016
    Posts
    13

    Default Re: Can Text Messages Be Legally Binding

    Honestly, I was just trying to figure out if the agreement that the CP and NCP had originally worked out through text exchange would be even viable to court. As mentioned before, NCP is homeless and CP still either wants NCP to provide everything or not see the children at all.

    I'm not trying to make CP seem like the bad person in this, however, even though NCP is homeless, has tried to get child support more than once in 3 months time - first time the judge told CP that NCP has nothing and can't magically make anything appear. CP has also sent text messages to NCP stating that they didn't need the child support.

    Since the communication is bad on both ends, just wanted to see if any of the text exchanges - especially about the necessities - would be viable when CP and NCP go back to court. Am still in search of low-income lawyer to help sort everything out and was hoping that someone on here might know where text messages would stand on a basis for a court decision, both CP and NCP have both been told to document everything so was unsure of how this documentation would hold up.

  3. #23
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can Text Messages Be Legally Binding

    I have no idea who you are in this equation (I'm guessing "nobody"), but given that you're already here might I suggest that you have one of the parents check out Family Wizard? If parents can't get past themselves and communicate as adults, that program can be a lifesaver. And the court can have full access to their communications, too.

    Quite frankly this shouldn't take an attorney to sort through it all - this is very, very much a case of Basic Custody For Dummies. One would hope that neither party is going to rely upon text messages to stick it to the other parent.

  4. #24
    Join Date
    Jan 2016
    Posts
    13

    Default Re: Can Text Messages Be Legally Binding

    Does the Family Wizard cost anything? What if the CP refuses to use it?

  5. #25
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can Text Messages Be Legally Binding

    I don't know what the issue is here ... If NCP is unable to provide for the children when he/she has them, then he/she should not take visitation. If CP is that concerned about the issue and doesn't want to provide the basics, he/she needs to go to court and adjust the requirements for visitation. IN THE MEANTIME, CP should provide for the children as necessary and adhere to the visitation schedule as ordered by the court.

  6. #26
    Join Date
    Jul 2012
    Location
    So Cal
    Posts
    854

    Default Re: Can Text Messages Be Legally Binding

    Quote Quoting mumyrabbit
    View Post
    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.
    If the NCP cannot afford diapers, there's a national diaper bank that serves cities & counties throughout the US, including California. Go to http://nationaldiaperbanknetwork.org/need-diapers-now and type in your zip code. They may also be able to help with wipes. If not, there are other ways to clean a child up (soft moist toilet paper? wipes didn't always exist).

    If clothes are an issue and the CP isn't willing to send the child with clothes, that doesn't look very *good* for them. Seeing as how the NCP has already been found to be unable to afford CS, it isn't an unreasonable request to ask the CP to please send clothing during visitation. If they refuse, it's the child that suffers.

    If necessary, clothes (and wipes) can be purchased for very little at WalMart. I don't know how old the child is, but powdered formula and baby food can also be purchased for not too much at WalMart. Food banks may also be able to help with things like formula. Go to http://www.needhelppayingbills.com/h...ood_banks.html and ask. If that fails, the NCP should contact churches in their area. There are a lot of groups willing to help those in need, it just requires looking up proper agencies and the links I provided are a good start.

    As for the email exchanges: Promises are legally unenforceable, as Mr. KIA stated.

    If all else fails and the NCP needs help purchasing items, perhaps a family member would be willing to step in and help?

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