CAN MY EX-WIFE AND I AMEND OUR CUSTODY AGREEMENT OUTSIDE OF COURT?

It’s always best when spouses can work out the details of a divorce and child custody matters without intense intervention from lawyers and judges, but while the court values compromise, it’s important for divorced parties to understand that they are not able to amend the judge’s decision related to child custody on their own. Even in situations where both parties are in agreement of the change, the court’s original decision will stand until the matter is brought before the judge again for a modification to the custody decision. As such, if you and your ex-wife want to modify your child custody agreement, you should consult with your divorce attorney so that the proper legal guidelines are followed and the change becomes official.

Judges take a wide variety of factors into consideration when determining child custody cases. In some instances, a judge might not honor the new request brought before the court because of factors such as one of the parent’s lifestyle choices, inclination to abuse drugs and alcohol, or criminal record.

Again, it’s important to reiterate that courts generally appreciate when both parties can talk and create a workable plan that affords child stability while providing them with an opportunity to maximize time spent with both parents. The following example is not an uncommon circumstance

So let’s say that Miranda and Brett have two children and are newly divorced. The judge gave Miranda full custody of their children because she is most capable of providing a suitable, nurturing environment for the children. Brett owns a small business and is also financially able to support the children. If Miranda meets someone new, falls in love, and determines she’d like to move to Ohio with her newfound love, perhaps she might ask Brett if he’d like to raise the children. While Brett might be ecstatic about the chance to raise his children, Brett and Miranda cannot alter the court’s ruling on their own. In cases like this, Brett would be well served by working with a law firm dedicated to representing men in child custody cases.

At Bailey Smith & Bailey, our teams of lawyers specialize in helping men throughout the divorce and child custody process. If you are seeking a modification to your custody agreement, contact us today!