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Modification to the parenting schedule done over email? Help

sweetsunnycsweetsunnyc member
in Blended Families
My ex husband and I agreed to a minor change to our parenting schedule last May- basically, he had our daughter on Wednesday, but couldn't pick her up from daycare on time so he gave the day and night to me. At the time, we were getting along great- In order to avoid court filing fees, I typed up the new switch via email and he emailed me back with his approval. Flash forward to now- he is being a total jerk off and abusing several items in our agreement. My question is, because I have the email of his approval to permenently give me that day, would that alone be sufficent proof in court if he tried to push back on me and take that day back?
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Re: Modification to the parenting schedule done over email? Help

  • CFjo2010CFjo2010 member

    Depending on your State, yes it could be proof.  It would go to argue the status quo, which most Courts try to uphold.  When you say "last May", you mean May 2011, right?  That would mean that you and XH have been executing this modified agreement for well over a year.

    Be careful though, if push comes to shove and police get involved they will probably only look at the CO.  Your best bet is to go back to Court and have the CO modified to reflect what the actual timeshare has been this whole time.

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  • sweetsunnycsweetsunnyc member
    imagejobalchak:

    Depending on your State, yes it could be proof.  It would go to argue the status quo, which most Courts try to uphold.  When you say "last May", you mean May 2011, right?  That would mean that you and XH have been executing this modified agreement for well over a year.

    Be careful though, if push comes to shove and police get involved they will probably only look at the CO.  Your best bet is to go back to Court and have the CO modified to reflect what the actual timeshare has been this whole time.

    Thanks for the advice- It was actually May of 2012, so we have been following this schedule for the last 6 months. I don't think that police will need to be involved (hopefully), but it does look like we will be visting court again. Or at the very least, a mediator. I just don't want him to be able to take that day back.

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