Parents sometimes reach informal agreements about where their child will live, when each parent will have parenting time or physical placement, or how they will handle important decisions. While parents can agree to these arrangements, a verbal agreement does not provide the same legal protection as a written agreement or court order.
If both parents follow the agreement, an informal arrangement may work. The problem often arises when one parent changes their mind or the parents remember the agreement differently. Without clear documentation, it can be much more difficult to establish exactly what was agreed upon or enforce the arrangement.
For families in Duluth and throughout Northern Minnesota and Wisconsin, understanding the difference between an informal agreement and a legally enforceable custody arrangement can help prevent future disputes. Benjamin Kaasa Law Office, PLLC can help you understand your custody and parenting-time or physical-placement options and determine what steps may be appropriate for your family.
What Happens If One Parent Stops Following a Verbal Agreement?
If a parent stops following a verbal parenting schedule or arrangement, your options depend on whether you already have a court order and what that order says.
For example, parents may verbally agree that a child will spend weekdays with one parent and weekends with the other. If one parent later stops following that schedule, the other parent may have difficulty enforcing the verbal arrangement if it was never formally documented.
If you already have a court-ordered custody and parenting-time or physical-placement schedule, a verbal agreement to change it should be approached carefully. An informal conversation does not necessarily permanently modify an existing court order.
Minnesota Custody Agreements
Minnesota family law generally uses the terms legal custody, physical custody, and parenting time. Parents can create parenting plans that address schedules, decision-making responsibilities, and other parenting issues.
A written agreement or parenting plan can provide much greater clarity than a verbal arrangement. If parents want to make a permanent change to an existing custody or parenting-time order, they should understand the requirements for formally modifying the order under Minnesota law.
Wisconsin Custody Agreements
Wisconsin uses the terms legal custody and physical placement. Wisconsin courts determine these arrangements based on the best interests of the child and consider factors involving the child’s needs and each parent’s ability to provide care.
Parents may reach agreements about custody and physical placement, but a properly documented and court-approved arrangement provides greater certainty than relying on a verbal agreement. If parents want to make a permanent change to an existing custody or physical placement order, they should understand the requirements for formally modifying the order under Wisconsin law.
Should You Put a Custody Agreement in Writing?
Yes, in most situations, putting a custody agreement in writing is the safer approach.
A written agreement can clearly establish:
- Parenting schedules or physical placement
- Holiday and vacation parenting time or placement
- Transportation responsibilities
- School and extracurricular activities
- Medical and other important decisions
- How parents will handle future disagreements
If both parents have reached an agreement, an experienced family law attorney can help ensure the agreement is properly documented and formalized in accordance with applicable Minnesota or Wisconsin law.
FAQ: Verbal Custody Agreements
Is a verbal custody agreement legally binding in Minnesota?
A verbal agreement does not provide the same legal protection or enforceability as a written custody or parenting-time agreement incorporated into a court order. If parents want a permanent change to their custody arrangement, they should understand the requirements for formally modifying the order.
Is a verbal custody agreement legally binding in Wisconsin?
A verbal agreement does not provide the same certainty or enforceability as a court-ordered legal custody and physical-placement arrangement. Significant or permanent changes should be properly documented under Wisconsin law.
Can parents agree to change their parenting schedule or physical placement without going to court?
Parents may agree to temporary changes to their schedule, but an informal agreement does not necessarily modify an existing court order. If the change is intended to be permanent, formalizing the arrangement can help protect both parents and the child.
What can I do if the other parent stops following our verbal custody agreement?
The appropriate response depends on whether you have an existing court order and the circumstances of your case. A family law attorney can help you understand whether you need to formalize the agreement, seek a modification, or take another legal step.
Protect Your Custody RightsÂ
A verbal custody agreement may work when both parents are cooperating, but it can become difficult to enforce when circumstances change. Putting your custody and parenting-time or physical-placement arrangement in writing can provide greater clarity and protection for your family.
If you need help establishing or modifying a custody arrangement in Duluth, Northern Minnesota, or Northern Wisconsin, Benjamin Kaasa Law Office, PLLC can help you understand your rights and options under the applicable state law. Contact us today to arrange a consultation!