Have your kids outgrown the custody agreement in place?

| Aug 30, 2019 | Firm News

Now that the Auburn schools are back in swing for another year, you may have noticed that there, indeed, are some growing pains related to the custody agreement that is in place after your divorce.

The arrangements that worked so well when the kids were in preschool and the primary grades now chafes on their freedom to participate in sports, cheerleading and other extracurricular activities. And your tweens may now have such rousing social lives that it seems you need a cadre of personal assistants just to accommodate everyone’s schedules. It’s apparent that something has to give.

You may need to modify your custody agreement

Some parents might think that there is no reason to formalize a new custody agreement that better reflects the children’s busy lives. After all, the divorce was years ago and you and your ex have managed to carve out a new relationship based on civility and mutual respect. Why must you involve the courts in your family’s personal business yet again?

It’s true that some former spouses are able to make an informal custody agreement work well for them. So they make their adjustments and carry on and all is well.

Until it isn’t. All it takes is one parent to take umbrage to the other’s decision regarding the kids for it all to come tumbling down. If the aggrieved parent then chooses to invoke the law, the other parent could find themselves in violation of a custody agreement to which neither parent has adhered in years.

The court will then sort it out

While it is unlikely that such a breach could result in contempt of court charges, the fact remains that the breach could wind up costing you far more in attorneys’ fees, court costs, filing fees and time away from work than it ever would have to have simply modified the original custody agreement.

Remain in the driver’s seat of your custody case

Reach out to your former spouse to see if they are amenable to modifying the custody agreement for the kids. If so, the two of you can reach accord on your own and have your or your ex’s Auburn family law attorney draft the modification and file it with the court. Once the judge has signed off on it, you then will have an updated order to guide all of your parenting decisions.