My question involves a child custody case from the State of: Colorado
The father of my stepson is refusing to sign a document regarding custody for Christmas that he agreed to with my wife (agreed to verbally during a mediation session). What options do we have?
Wife = "C"
Stepson = "R"
Stepson's father = "J"
Background: I'm in the military, and my wife and I have been married just shy of 5 years. My stepson (wife's biological son) is 9 years old. Throughout his life, my wife and stepson's dad have worked out custody verbally. Before "C" joined me in Colorado Springs, where I was stationed when we got married, she lived in Denver, which is where "J" resides as well. They always split custody essentially 50/50. Until last year, we've been in the same state as "J" the entire time, so there were no issues. Last year though, I received orders for Korea. Initially, we wanted to bring the family, but "J" was understandably not thrilled with the idea that his son would be in a foreign country across the globe from him for 2 years. I chose to do the tour unaccompanied for 1 year to help ensure the easiest situation for my wife, my stepson, and his dad. Now I'm back, with orders to Texas. We'll be leaving near end of the month. Since this is MUCH easier to manage than Korea, our plan now was to have "R" with us during the school year and his dad would have him during summer and holidays. Before we ever had a chance to lay this plan out, "J" got the courts involved and filed custody papers the next day after we told him we were gong to be moving to Texas.
The mediation was the first thing required by the court, and during that session (which took place mid-October), the mediator made mention that it was very likely that even if the courts ruled in favor of my wife's plan, that it likely wouldn't take place this school year since it had already begun. My wife then asked with this being the case, if she could have "R" for Christmas break since this issue didn't seem likely to be resolved before the school year as "J" has made it clear through words and actions that he has no intention of trying to work anything reasonable out now. During the mediation session, "J" agreed to this arrangement. My wife asked if there was any way to get this agreement in writing (mainly because she didn't trust "J" to honor it if it wasn't in writing), and the mediator stated she'd write it up and email it to my wife for both parties to sign. My wife immediately signed it, and then provided it to "J," who failed to do the same. Now, 4 weeks later (and only about 2 weeks before we leave), he's refusing to sign it claiming he doesn't know my wife's "intentions" as he put it, seemingly implying that he thinks my wife would violate the agreement.
Is the initial verbal agreement binding since it took place with a court-mandated mediator? If not, are there any actions we can take in response? It seems as though "J" is basically trying to kill time until we move in the hopes that the distance between Colorado and Texas will make us give up.
The father of my stepson is refusing to sign a document regarding custody for Christmas that he agreed to with my wife (agreed to verbally during a mediation session). What options do we have?
Wife = "C"
Stepson = "R"
Stepson's father = "J"
Background: I'm in the military, and my wife and I have been married just shy of 5 years. My stepson (wife's biological son) is 9 years old. Throughout his life, my wife and stepson's dad have worked out custody verbally. Before "C" joined me in Colorado Springs, where I was stationed when we got married, she lived in Denver, which is where "J" resides as well. They always split custody essentially 50/50. Until last year, we've been in the same state as "J" the entire time, so there were no issues. Last year though, I received orders for Korea. Initially, we wanted to bring the family, but "J" was understandably not thrilled with the idea that his son would be in a foreign country across the globe from him for 2 years. I chose to do the tour unaccompanied for 1 year to help ensure the easiest situation for my wife, my stepson, and his dad. Now I'm back, with orders to Texas. We'll be leaving near end of the month. Since this is MUCH easier to manage than Korea, our plan now was to have "R" with us during the school year and his dad would have him during summer and holidays. Before we ever had a chance to lay this plan out, "J" got the courts involved and filed custody papers the next day after we told him we were gong to be moving to Texas.
The mediation was the first thing required by the court, and during that session (which took place mid-October), the mediator made mention that it was very likely that even if the courts ruled in favor of my wife's plan, that it likely wouldn't take place this school year since it had already begun. My wife then asked with this being the case, if she could have "R" for Christmas break since this issue didn't seem likely to be resolved before the school year as "J" has made it clear through words and actions that he has no intention of trying to work anything reasonable out now. During the mediation session, "J" agreed to this arrangement. My wife asked if there was any way to get this agreement in writing (mainly because she didn't trust "J" to honor it if it wasn't in writing), and the mediator stated she'd write it up and email it to my wife for both parties to sign. My wife immediately signed it, and then provided it to "J," who failed to do the same. Now, 4 weeks later (and only about 2 weeks before we leave), he's refusing to sign it claiming he doesn't know my wife's "intentions" as he put it, seemingly implying that he thinks my wife would violate the agreement.
Is the initial verbal agreement binding since it took place with a court-mandated mediator? If not, are there any actions we can take in response? It seems as though "J" is basically trying to kill time until we move in the hopes that the distance between Colorado and Texas will make us give up.
Establishing an Order: What to Do if the Other Parent Won't Sign Mediation Agreement for Holiday Visitation
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