Child custody is the source of great frustration for a lot of divorced couples or those who were never married, and the frustration is not always limited to the non-custodial parent. Custodial parents may be upset with the heavier burden placed upon them, especially if they do not feel they are receiving adequate child support. But most often, the non-custodial parent is unhappy with the custodial arrangement. The non-custodial parent may take his or her concerns to the custodial parent and request they work with them to allow them to receive more time with the child.
A lot of custodial parents are receptive to the proposed changes, as long as they are fair. Common requests include allowing them to see the children for an extended period over the summer or around the winter holidays, and a request for an extra day during the week on which they may see the child. The arrangement may work great on both sides for a while, but if circumstances change and the custodial parent or the non-custodial parent is unable to continue the verbal custody arrangement, the absence of a court order outlining the new arrangement may prevent the complaining parent from keeping the plan from reverting to the original order.
That is why it is so important to go through the proper channels whenever you wish to change a child custody arrangement, or the terms of any agreement that are outlined in a court order. Without this proper legal documentation, you may be left helpless if the other party wishes to cancel your verbal arrangement in favor of the old court ordered arrangement. It may seem cold to go through the proper legal channels to obtain the court order, and you may feel like it is counter-productive to do so after you and your ex-spouse work hard to trust each other post-divorce.
But even if you feel that you can trust your ex-spouse and believe that there is no reason that a new verbal arrangement cannot work out for both sides, protecting yourself by going through the proper legal channels and obtaining a modification to a court order is important. That said, and pertinent to the question posed in the title, if you wish to change the schedule when a signed arrangement is not in place, you still must go through the courts to ensure that the new schedule is enforceable and legally binding. Doing so is beneficial to both sides and can actually prevent future skirmishes when the schedule is laid out so clearly.
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