Can My Ex and I Agree to Change Custody Without Having to Go to Court?
Today’s topic and today’s question deals with changing custody after an order has been filed with the court. Oftentimes what happens after a custody order has been in place for a while with the court, the parties’ circumstances change for whatever reason and the custody agreements tend to become different than they were at the time the order was issued. So the parents are, in essence, not following a current custody order but applying a new custody and visitation schedule. So can parents really agree to change a standing custody order without court involvement?
The answer is yes. Parents can absolutely change a custody order without having to go to court but both parties must agree to this change. Because there will be fewer legal fees, time and energy spent, this is also both parties’ easiest, quickest, and cheapest way to change your custody agreement. In order for it to work, however, the parties must be in complete agreement. There cannot be one party that is pushing for something different and the other party not agree. Without court involvement, the only way to change a custody agreement is if both of you agree.
It is, however, very important to have this new change made in writing and filed with the court. This helps to alleviate any possible problems. If, for example, later on, one of the parties becomes resentful or angry for whatever reason and decides to make things difficult by not continuing to follow this new agreement. That party may tell the court that you two never really agreed to a new custody agreement and therefore is following the old order that was placed with the court. For this reason it is very important for both parties to put this agreement in writing, file it with the court and prevent any future problems from occurring. The court will recognize this new agreement and issue a new custody order based on your new agreement.
If you are considering modifying your custody and visitation agreement or have questions about your child custody options, do not hesitate to schedule a meeting to discuss your specific situation at length. Our team can help guide you through determining the best option for you. To contact our office, reach us at (702) 998-1188, firstname.lastname@example.org, or by scheduling a consultation online.