# Modifying custody in separation agreement

**URL:** <https://forum.rosen.com/t/modifying-custody-in-separation-agreement/15994>\
**Category:** Divorce and Separation Answers\
**Created:** [December 2, 2014, 5:30pm UTC](https://forum.rosen.com/t/modifying-custody-in-separation-agreement/15994 "2014-12-02T17:30:40Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![scarter](https://avatars.discourse-cdn.com/v4/letter/s/35a633/32.png) [@scarter](https://forum.rosen.com/u/scarter)\
**Post date:** [December 2, 2014, 5:30pm UTC](https://forum.rosen.com/t/modifying-custody-in-separation-agreement/15994/1 "2014-12-02T17:30:40Z")

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there was a separation agreement drawn up before divorce in which it states the ex wife has primary physical custody and joint legal custody. I would like this modified because she isn’t willing to let me see my children enough. do I need to file a complaint for custody in order to get joint physical custody? have the separation agreement modified?

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**Author:** ![Lindsay\_Willis](https://avatars.discourse-cdn.com/v4/letter/l/858c86/32.png) [@Lindsay\_Willis](https://forum.rosen.com/u/Lindsay_Willis)\
**Post date:** [December 9, 2014, 2:14am UTC](https://forum.rosen.com/t/modifying-custody-in-separation-agreement/15994/2 "2014-12-09T02:14:20Z")

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So long as your separation agreement has not become part of a court order, you can simply file a complaint for child custody and the standard for modification is the ‘best interest of the children.’ If it was incorporated into a court order, then you’ll need to show a ‘substantial change of circumstances affecting the children’ in order to modify. If you can reach an agreement regarding a new custody schedule, you can certainly sign a new agreement. If you anticipate that she will not agree, I would go ahead and file a complaint for child custody.

Our article on [changing custody and visitation](http://www.rosen.com/childcustody/carticles/changing-child-custody-visitation/?hvid=3Ew34j) is a great resource to look at.