If you divorced your spouse when your children were small several years ago, the custody plan you had in place then likely no longer meets your family’s changing needs. Any order that deals with naptimes and daycare arrangements will need to be modified at some point.
Read on to learn more about what you need to do to modify your custody order.
Can’t I change it informally?
Although some co-parents do this, it is not recommended. That’s because unless you adhere to the schedule ordered by the court, you could wind up facing contempt of court charges.
If that might seem extreme, consider that all it takes is a disgruntled co-parent to call the police and allege that you failed to follow the terms of the order. You will then have to spend money and time defending yourself when you could have modified your order and dodged that bullet.
Can I create a flexible order?
Maybe. Custody orders reflect the circumstances at the time the order was filed with the clerk of court’s office. In that way, they are designed to be outgrown. While you may be able to draft an order that reflects future changes, the court will focus on the here and now.
Do I have to sue my co-parent to make changes?
Not necessarily. If the two of you agree on the proposed changes, one attorney can file a consent judgment that both parents must sign. Once it’s filed with the clerk of court, the family law judge will review the order and sign it.
Occasionally, there may be a reason for the court to hold a hearing. They may want assurance that both co-parents are on board with the changes or have other insights to share.