My ex and I made a verbal agreement about my son staying with me and now she's mad and wants him to come home. He don't won't to go home. Will the verbal agreement stand in GA?
When you say "ex" that doesn't help answer you. Ex-spouse? Ex-paramour? Is the child legitimate? Is there a custody order? As a general answer, a verbal custody agreement is meaningless, and if there is a court order, it is useless. Beyond that, since you gave no details, it sounds like you need your lawyer ASAP.
If my answer does help you, please consider marking it helpful, or a best answer. In answering your question I am basing my answer on the limited information here, and more information is likely needed to properly and fully answer, but hopefully the answer helps. Please know that in answering I am not your lawyer and am only providing general information. To retain a lawyer you need to enter into a written retainer with the lawyer (and you have not hired me simply because I answered something here). AVVO has useful tools to contact the lawyers you see on AVVO. Please be aware I am licensed only in Georgia, so an answer in another state may be different. You should not rely on online questions as a final legal answer or a "how to" and need to sit down with a lawyer to get an answer to safely rely on. Many legal cases have vital deadlines that you may miss with delay, so please be aware of that. Now here's the "legalese" we lawyers need to add: Please do not construe anything here to make you a client of Glen Ashman. Any information in this communication is for discussion purposes only, and is not offered as legal advice (and only applies in Georgia). There is no right to rely on the information contained in this answer and no attorney-client relationship is formed. Nothing here is tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. If the contents of this answer discuss debts or bankruptcy, this office is required to advise the recipient that the US Congress has designated our office as a debt relief agency that assists people in filing bankruptcy.
You left out many details in your post. If she is your ex wife, and there is a parenting plan in place, the parenting plan controls until you file a new lawsuit, and a change of custody is ordered. If you never married your son's mother, and if you never legitimated the child, she has all of the parental rights, and you have no parental rights. Oral agreements mean nothing in child custody situations. Go see a family law attorney.
My answers to questions posed on this site is no substitute for obtaining legal advice from competent local counsel.
Verbal agreements mean pretty much nothing when it comes to child custody. About all they can do is keep you from being held in contempt of an order if you do something against the parenting plan with the other parent's consent. But now she's not consenting, so you go back to whatever was the custody arrangement before. If there's an order, then whatever it says. If there's no order, then it depends on a lot of things. Were you married? Are you still married? Was there a legitimation if you weren't married?
This is general information only and no attorney-client relationship has been formed. Please contact an attorney directly for specific advise in your specific situation.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline