Disappearing Father/What rights does he have?

My ex-husband moved out of state in July, has not contacted me since then, and has stopped paying child support. According to our written agreement he is to have our son for the christmas holiday. Can I perceive that as being just christmas day? Is there anyway I can legally stop him from taking our son? I am from Minnesota. In the written agreement it does say that the agreement will be terminated if the visitation is violated by keeping our son longer than agreed upon. If he takes our son for christmas and keeps him longer than just christmas day or if he doesn't show up and I have our son on christmas day, doesn't that violate the visitation by either him or me by keeping our son longer than agreed upon? It is also stated that he is to have him during the summer. I suspect there is alcohol and drug use in my ex-husbands home and that is the main reason I want to stop visitation. This agreement was made between him and myself right before he left the state but I know it is still binding. Please help, I don't want my child to be another statistic. Thank you.

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

My heart goes out to you and your son. Very sad commentary on the state of families nowadays.

To get back to your question, if your court order stipulates conditions on termination of visits, etc if anything is violated, it gives you a right to bring a motion on the court order to amend it based on these violations.

Get your family law attorney to make a motion to give you full custody with perhaps supervised visitation? Less visitation? You can also sue for back child support owed and have his wages garnished.

Also, if you know for a fact there are alcohol and drugs involved, I strongly urge you to consider possible child endangerment issues. This can be another cause of action or reason for you to bring a motion to amend the original court order.

Good luck to you.

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Susan1:
[b]This agreement was made between him and myself right before he left the state but I know it is still binding. Please help, I don't want my child to be another statistic. Thank you.[/b]<HR></BLOCKQUOTE>

Was this agreement filed and signed by a judge ?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b] Was this agreement filed and signed by a judge ? [/b]<HR></BLOCKQUOTE>

The agreement was not filed or signed by a judge. It was a written agreement just between my ex-husband and myself.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b] Was this agreement filed and signed by a judge ? [/b]<HR></BLOCKQUOTE>

No, it was not filed or signed by a judge. It was a written agreement between my ex-husband and myself.

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Susan1:
[b] No, it was not filed or signed by a judge. It was a written agreement between my ex-husband and myself.[/b]<HR></BLOCKQUOTE>

Then the paper it is written on is worth more than the agreement on it.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b] Then the paper it is written on is worth more than the agreement on it.

[/b]<HR></BLOCKQUOTE>

Is that true even in Minnesota? I was told even an oral agreement was binding in Minnesota.

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Susan1:
[b] Is that true even in Minnesota? I was told even an oral agreement was binding in Minnesota.[/b]<HR></BLOCKQUOTE>

Yes it is true even in MN. You could pee an agreement in the snow and it would still not be valid in your case.

Legal, in light of the fact that they don't have a "legally binding" agreement, wouldn't it be best for her to hire an attorney PRONTO and "beat him to the punch" with establishing visitation and child support? Before Christmas rolls around, he gets the kid, doesn't return him, and there's nothing she can do.

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~God gave me three angels!~

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b] Yes it is true even in MN. You could pee an agreement in the snow and it would still not be valid in your case.

[/b]<HR></BLOCKQUOTE>

My response:

Interesting . . . I knew men could do it, but a woman?

Yes, Minnesota recognizes oral agreements and written agreements . . . if you want to sell me avocados or shoes.

But, like everything else in the law, there are exceptions to every rule. One of those rules is that agreements concerning child support must be in writing and "Judge Approved" - the State needs, and has a right, to maintain control of the welfare of the children within its jurisdiction. This is why an agreement made between two parents is unenforceable. I imagine your ex found this out and knows you can't enforce the agreement.

Other contracts that must be in writing would be for the sale of a house, a car, etc. Otherwise, such agreements are unenforceable. For further clarification of the types of Agreements enforceable in your State, look up the "Statutes of Frauds".

Good luck to you.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by AMomInNC:
[b]Legal, in light of the fact that they don't have a "legally binding" agreement, wouldn't it be best for her to hire an attorney PRONTO and "beat him to the punch" with establishing visitation and child support? Before Christmas rolls around, he gets the kid, doesn't return him, and there's nothing she can do.
[/b]<HR></BLOCKQUOTE>

My thought is that she states 'ex' husband. Therefore there must be something court ordered, ie, the divorce.. which must deal with the child.. visitation or CS might not be in the divorce decree but custody of the child must be..

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
[b] Interesting . . . I knew men could do it, but a woman?
[/b]<HR></BLOCKQUOTE>

Hey, I dated a woman once who did it as a party trick .. interesting date to say the least..

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b] My thought is that she states 'ex' husband. Therefore there must be something court ordered, ie, the divorce.. which must deal with the child.. visitation or CS might not be in the divorce decree but custody of the child must be..

[/b]<HR></BLOCKQUOTE>

I am legally divorced with a set visitation and child support. Thank you all so much for your responses. I am very happy to know that he can not have him this christmas because, according to the original agreement that was signed by a judge, it is my year to have him for christmas. I have a feeling that he knows the contract is not binding because his mother is calling wanting to know if she could keep in contact with our son. She also wanted to know if I would let her know if I moved. That is info she could be getting from her son if she was in contact with him. I think he has left his life and talks to no one but his new internet girlfriend. Thanks again.

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b] Hey, I dated a woman once who did it as a party trick .. interesting date to say the least.. [/b]<HR></BLOCKQUOTE>


My response:

Too many feet prints in the snow. What if she needed to write the letter "X". Oh, yuck!

It's great to have you back to banter with again.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Susan1:
[b] I am legally divorced with a set visitation and child support. Thank you all so much for your responses. I am very happy to know that he can not have him this christmas because, according to the original agreement that was signed by a judge, it is my year to have him for christmas. [/b]<HR></BLOCKQUOTE>

Then get out the original agreement and read it.. say, about 8 times. Stick to it by the letter and take no crap from him..

Good luck..