My husband and I have been separated since May and have had a Custody Consent Order (approved by a judge) since June. The Consent Order states “The parents may vary from the holiday time division above if agreed on in writing prior to the period at issue.” My husband had requested a change and upon us talking we have come to an agreement in regards to a few of the division of time items. My question is…can we do up a written agreement stating what the original order stated and the new terms we agree on with both of us signing in front of a notary vs paying an attorney to make the change? If we can do a written agreement is there any special terminology that needs to be included?
Memorializing the changes and how long it will last for with a notary should be sufficient. If you want the change to be permanent, you should file a motion to modify child custody and do a new consent order with the new schedule.