Custody information


I am a dad with joint custody of my child with whom there is already an existing custody agreement in place which gives both parents similar rights as far as school, medical, etc decisions and information regarding those. Curious about us changing arrangements without having to go to court as long as we both agree to it?


If your current custody terms are in a separation agreement, then you must refer to the amendment provisions in your separation agreement about modifying the custody terms. Most separation agreements allow for amendments to be made as long as both parties agree to the change and the change is reduced to writing and signed and notarized by both parties. Sometimes the custody section of the separation agreement will require mediation before the courts can be involved.

If your current custody terms are in a court order, you must have a substantial change in circumstances affecting the wellbeing of the child in order to modify custody order. You and the mother can enter a consent order if you agree to the modified terms, otherwise a judge would have to hear the case and first determine if a substantial change in circumstances has indeed occurred and second what the new custody arrangement should be.

Anna Ayscue

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

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.