Hello. My wife and I have a separation agreement that does allow incorporation. She agreed to all within but now as the year and a day approaches she says that the child custody we agreed to was only for the separation and will not be the same in the divorce decree. Is this true? can she just decide to change the separation agreement or is it true that the agreement has no bearing on the divorce? She only wants to change the amount of time that we each have him. Thanks.
Custody can be changed by either party upon motion which alleges a substantial change in circumstances has occurred since the agreement or last order. In the case of a custody agreement, in the event an action for custody is filed (she would need to do so, or the agreement does control) she will have to demonstrate to the judge why the current schedule is no longer in the children’s best interests.