Does a text message agreement to modify summer visitation due to sports schedule override what is in our custody papers?

Asked 5 months ago - Madison, MS

I have physical custody of our child but custody papers state that summer visitation with the father is the 1st 3 weeks in June & 1st 2 weeks of July. In order to finish out summer sports, we agreed per text message that I have saved that he would still get a total of 5 weeks visitation but it would begin after sports was finished. Now the father has not returned my child and claims in text that he didn't know anything about it nor did he agree so am I out of luck or does what I have saved validate that the father should have brought the child back so that he could finish sports? I am so frustrated! HELP! Is it possible that I could have our custody papers modified for any type of extra-curricular activities??

Attorney answers (3)

  1. Ramiro Orozco


    Contributor Level 12

    Answered . The text message is not a binding modification. He can argue as to the authenticity and say that he never wrote it and that it was spoofed and most likely is not admissible. If you have problems with the agreement then you need to move to have it modified to include all possible events. Discuss it with your attorney.

  2. Stephen Ross Cohen

    Contributor Level 20

    Answered . A written stipulation approved (signed ) by the judge is our best protection, but if broken will still be subject to a contempt motion.

    Please only call me if your case is in California as I am only licensed here and laws of other states may vary.... more
  3. Estela Matta


    Contributor Level 16

    Answered . Two grown adults should be able to come to a reasonable accommodation, notwithstanding the "letter" of the order, for summer schedules. Your text agreement is not technically enforceable because a judge didn't approve the change; however, it is evidence that there was an intent between the parties.

    You can file a complaint for modification of the parenting/visitation schedule. But I have to say, its a long and expensive way around a simple comity your ex should be willing to make for the sake of the children.--and the Court will probably not look favorably upon the father's conduct in this instance.

    This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this... more

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