Legal Question in Family Law in Indiana
Is a verbal agreement binding over a divorce decree?
When my husband and his ex-wife got divorced, they were switching their children on Mondays at daycare (she would drop them off in the morning, and he would pick them up after work, and vice versa). They had this entered into their divorce decree because that was the deal at the time. The divorce was still very fresh, and they didnt want to deal with each other. Since then, both have remarried and the children are both school-age now. They came to a verbal agreement that it would be best to switch on Sundays so that school papers, projects, news and info can be shared without being passed through daycare. They have been doing this for the last 2 years.
She has become angry with my husband again, and no longer wants to be in contact with him on Sundays. We, however, feel that since they are in school now, should continue to be switched on Sundays so that information/news is getting transferred properly. Since it is in the divorce decree that they were to switch on Mondays, she is planning on taking this to court.
My question is, is a verbal agreement just as binding as the divorce decree in this situation?
1 Answer from Attorneys
I would not say that it is as binding, since the one is a court order and the other is an agreement. However, the arrangement seems reasonable and in the best interest of the children and my guess is that she will get a stern lecture from the judge and the order will be modified.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
