Can You Make Your Own Custody Arrangements?

30 January 2019
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When two parents get a divorce, one important part of the divorce is how you intend to handle your custody arrangements. You likely both want to be with your children as much as you can. It is also likely you will each have your own thoughts as to how you want to deal with the arrangements. You could choose to make an informal custody arrangement and not go to court. While this is an option, it is not ideal. The following is some important information you should know before you talk with a family lawyer.

Are Your Informal Custody Arrangements Legal?

While there is nothing illegal about making your own custody arrangements, they cannot be legally enforced should one of you suddenly decide you no longer wish to adhere to your agreement. For example, if your spouse suddenly decides to move across the country and you do not want them to go, you will have no legal say without a court-approved custody arrangement. You would then have to go to court and seek an emergency hearing with the hope you can coerce your spouse in staying nearby until an official decision is reached.

Have You Thought About the Future?

Another common issue with making informal agreements is they do not always take the future into account. When your children are younger, you may not have thought about different issues that could happen when they become teenagers. While you could change the informal agreement as the children age, this only adds stress and potential arguments.

If you go to court to make a formal arrangement before a judge, he or she will have the proper foresight to make sure you are able to have a solid agreement you can all be on board with.

Can You Change a Formal Agreement?

You can request a formal child custody modification in the event things change and you need to alter the situation. Some people choose not to go through the legal process because you want the change to make changes as you see fit. However, you are afforded to do this in a formal arrangement as well. If you both agree on the necessary changes, you simply go to the court and ask for the modification. If you do not agree on the modification, you can still ask for one. However, you will have to provide a solid reason with proof as to why the modification is necessary for the children's benefit.