Visitation


#1

Legally, I believe that you could go back to the original document but in theory he could contest this in court since you did agree. An e-mail from you and you have been following the schedule with the change for any length of time…means that you had an written agreement.
Are you trying to say that it’s not an agreement since you didn’t sign it? What difference is this one extra night making and why is it not beneficial? If he decided to pursue modification he would have a good case, since you have agreed and have been allowing this schedule. The best situation would be that any change in custody is written down and signed with the stipulation of time frame or reasoning for returning to a previous schedule.


#2

Unless your agreement permits it to be modified sing emails, then an email is not generally a valid modification of a Separation Agreement.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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#3

We currently have our separation agreement incorporated into our divorce decree and it states our visitation arrangement which we used for 3 1/2 yrs. Last year we made a change to a new schedule for the benefit of my ex-husband (one additional overnight). I agreed to the new schedule via email…no autosignature or name on the email. I want to go back to our legal agreement since I don’t think the change is working to the benefit of our daughter but my ex says that we cannot because we have a “written” agreement via email. Is this true? I didn’t sign anything to make the change.

Thanks.