Amicable Temporary Custody Modification


#1

Hello,

Currently we have a temporary order in which we would like to modify. We would like to modify the custody schedule which is currently 50/50 time sharing. The order would give main custody to the father with the mother having visitation for 2 weekends a month. The change is based on many variables including environmental, location opportunities and desire of the child. Both parents agree that the arrangement is more beneficial for the child.

Is this something that can be changed via a simple motion for custody modification and then we would be able to access court mediators for the agreement as we did in the beginning or does it have to go through other means since there is a temp order in place?


#2

Since you and the other parent agree that the proposed schedule is in the child’s best interest, you can consent to the entry of a new order and make it a permanent order, which would override the temporary order. You will likely not be able to modify a temporary order.

It is possible that you and the other parent can return to custody mediation and agree to the new terms in mediation. The mediator will draft a Parenting Agreement which becomes a court order for permanent custody.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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