When a custody agreement is created during a divorce or separation, it is considered legally enforceable by the court. However, life circumstances often change, and depending on a new job, relocation, or a child’s changing needs, parents may wonder whether they can modify the custody agreement and whether they can do it without going to court. Scheduling a court date to change a custody order can be time-consuming and expensive, so avoiding the hassle is often a priority for parents. For more information and to obtain skilled legal counsel during your case, reach out to a knowledgeable Bergen County child custody lawyer today.
What is a Custody Agreement?
Custody agreements are legal documents established either through mutual agreement of both parents or by a court during a separation or divorce. These documents outline each parent’s rights and responsibilities regarding spending time with and caring for a child.
The order will include a schedule detailing when each parent will have custody of the child and each party’s rights regarding the decisions that can be made on behalf of the child.
Can I Modify a Custody Agreement Without Going to Court?
Yes, it may be possible to modify your custody agreement without going to court. However, it can only be obtained under certain circumstances. The easiest and most common way to modify a custody order without going to court is when both parents are in agreement about the changes that need to be made. For example, if both parents decide that it will be best for the child to spend more time with one parent because of a new work schedule, they can draft their own agreement on their own.
If the parents are struggling to agree to the terms, they can also use alternative dispute resolution techniques like mediation. A mediator can help facilitate negotiations between the parties and ensure they reach a satisfactory agreement.
Regardless of how it is reached, the agreement should be formalized in writing to ensure that both parents are in agreement and there is no room for confusion or misinterpretation. Once the agreement is in writing and signed by both parties, it can be submitted to the court for review and approval.
When is Court Necessary?
While it is possible to modify a custody agreement outside of court, sometimes it is necessary. If the parents cannot reach an agreement through any effort, but there is a genuine need for a modification, they can petition the court.
Examples of circumstances where the court will deem a change necessary include one parent relocating, changes in the child’s needs, a parent developing a physical or mental health condition, a parent becoming unfit in some way, evidence of neglect or abuse, etc.
Both parties can present their sides along with evidence of why they want certain changes. After reviewing all relevant information, the court will make a decision that reflects the child’s best interests.
For more information and skilled legal advice, contact an experienced attorney today.
