Your current custody agreement might no longer be working efficiently due to changes in your schedules or your child’s needs. Whatever the reason, you may be wondering if you and your co-parent can agree on a new arrangement without going to court. The short answer is yes.
Co-parents can make temporary or minor adjustments on their own without going to court, as long as they both agree to the changes and they’re in the child’s best interests. You can, for instance, swap weekends or change pickup times if you’re tied up at work or have other commitments. For long-term adjustments to the court-ordered agreement, it helps to understand how the law works. Here’s what you should know.
Informal agreements are not legally recognized
A handshake agreement with your co-parent is not enforceable in court. Regardless of whether you agreed on the changes with your co-parent or not, there’s no legal protection if they later change their mind. Courts rely on formal custody orders when disputes arise, so your informal arrangements cannot hold up in court.
It’s wise to put any changes in writing and seek the court’s approval, especially for significant changes to the existing agreement. This ensures that it’s legally binding should disputes arise. In most cases, judges will formalize a custody agreement agreed upon by both parents if it’s what’s best for the child.
Get the necessary guidance
It’s important to proceed carefully if you’re thinking of changing any aspect of your existing custody agreement. Even seemingly minor adjustments can have undesirable implications if they aren’t properly documented and disagreements arise. Seeking qualified legal support can help you do things by the book to protect your parental rights and your child’s well-being.
