I would like to modify my existing custody agreement, in order to do so could it be done through a mediator or would itnhave to go thru court? How would I file to modify? Could I just call the mediator and set up a time for the ex and I to meet?
If the child custody provisions are contained in an agreement, and both parties agree to modify the provisions, you can enter a modification of that agreement. If the parties are not in agreement on the modification, you will need to file a child custody claim with the court and have a judge determine what the custody arrangement should be. If the custody terms are in a court order, you will need to file a motion to modify and if the parties agree, you can enter a consent order on modification. If the parties are not in agreement, you will have to go before the judge. In most jurisdictions, before the court will hear a child custody claim, whether the initial claim or a modification, the parties will need to attend mediation.