Focusing On Family Law – And You
As the saying goes, change is the only constant in life. A time may come when these life changes might affect your child custody agreement with your ex-spouse. While it’s common to file a petition to change the custody order with a judge, you may also settle the matter with your ex-spouse yourself.
Reasonable grounds for child custody modification
Before worrying whether you can modify your custody agreement out of court, assess whether you have reasonable grounds for such a change. Accepted reasons for requesting a new custody arrangement include:
- New work schedules
- Relocating to a different school district or out-of-state
- Health concerns
- Parental misbehavior
- The child’s needs change
- The child wants the change
- Changes to the family, like a remarriage
Filing a request in court
You can file for a stipulated agreement or Request for Order (RFO) if you have an accepted reason for the change. An RFO is a formal request to make or change an order on a specific issue—which in this case is your child’s custody arrangement.
A family lawyer can help you understand the legal requirements and procedures for modifying your custody agreement. Generally, the process only becomes complicated if the other parent contests your reason for the change.
Out-of-court agreements are not legally enforceable
You may also work out an agreement with your ex-spouse instead of filing a formal request. Mediation may help you and your former spouse come up with a new agreement amicably. A neutral third party may smooth things over and allow for an easier discussion of both your terms.
Please note that you will still need to take your new agreement to a judge if you want it to be legally enforceable. You will technically still need to go to court, if only to get a judge to review and sign your new custody arrangement. A written agreement with you and your ex-spouse’s signature and the judge’s approval is considered a court order.
If not, the agreement might not be enforceable. Courts can only enforce official orders, so verbal agreements do not count.
Invaluable legal assistance
Whether you file an official petition in court or negotiate a new arrangement with your ex-spouse, legal assistance will help ensure a smooth process. Consulting trusted family law attorney helps ensure you cover all your bases and have the best custody arrangement for your child.
