A custody order that once worked perfectly may no longer align with how circumstances have changed over time, and you might be considering making some adjustments. If you’re in such a situation, it’s important to know when a simple agreement between parents can be enough and when you need to involve the court.
Minor adjustments to the parenting schedule, like swapping weekends or changing pickup times, can often be worked out between parents. As long as you and your co-parent agree on the changes and they don’t disrupt the overall custody agreement, you shouldn’t need to go to court.
That said, it’s worth noting that an informal agreement with your co-parent is not legally enforceable. If they decide to back out, you can’t do much about it unless the court has approved the changes.
Significant changes must go through the court
You’ll need to go to court if you want to make lasting or major changes to your custody order. To succeed, you must show that there has been a substantial change in circumstances since the current custody order was issued. Examples include:
- A parent moving to a new city or state
- Concerns about the child’s safety or well-being
- Major shifts in a parent’s work schedule
- A parent becoming unable or unfit to provide consistent care
If your parent objects to the changes you seek, there will be a court hearing where a judge will listen to both sides and determine the way forward based on the child’s best interests.
Reaching out for legal guidance if you’re thinking of changing your custody order or in the middle of the process can help you understand how the law works, how it applies to your specific situation and what alternatives you may have besides going to court.