Custody orders are enforceable documents that delegate parental authority and divide parental rights when adults no longer live together. Parents generally have to comply with the terms outlined in a custody order. They observe the established schedule and communicate about major decisions regarding the children in many cases.
Changes in personal circumstances, ranging from a new job to a new relationship, could render the current custody order less effective. Parents could reach an agreement changing the overall division of parenting time and the schedule for custody exchanges.
If they agree to change their custody terms, they generally need to submit paperwork to the courts. Failing to do so can lead to major complications.
Private arrangements are not enforceable
If parents talk about changing their custody arrangements and reach a direct agreement with one another, there is no evidence of the new arrangements. Even if the discussion occurs in writing, the custody order on record is technically what governs parental rights and responsibilities.
If one parent becomes angry with the other, they could refuse to uphold the new terms. They might even contact the police to report a parental kidnapping or initiate child custody enforcement proceedings in family court.
Working cooperatively to formally modify the custody order after parents have agreed to make changes can protect everyone in the family. The new terms become the enforceable standard for the family, and neither parent has to worry about the other weaponizing custody matters.
Having an attorney assist with a child custody modification can make it easier for parents to cooperatively update a custody order. In cases where one parent won’t formalize changes, legal support can be invaluable while litigating a custody modification.