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.
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