Changing custody and parenting time when both parents agree

If both parents agree that changing custody and/or parenting time is in the child’s best interest, then the parents will want to formalize that agreement and submit it to the Court for the Judge to sign and enter as an Order. This formal document is a “Stipulation and Order.”

Sometimes parents might not think it’s necessary to go through that process. They might not think that they need the Court to be involved. They might not want to spend the money to have a document drafted and submitted to the Court.

In my experience, though, it is best to formalize the new agreements and have them approved by the Court. This is because even though the parents might be getting along great right now and they agree to the changes now, if that co-parenting relationship changes and a parent changes their mind, the informal agreements are not an Order and are not enforceable.

In my law practice, I will typically charge a lower flat fee to draft and submit a Stipulation and Order to Modify Custody and/or Parenting time if there is an agreement. Getting your agreements formalized so you have an enforceable order (and remember that enforceable orders typically lead to stability for children which is in their best interest) does not have to be an expensive undertaking.

Elizabeth Rosar Chermack is a Burnsville lawyer, and can represent you in your change of custody and parenting time matter.  Call (952) 491-0390 or send an email to liz@chermacklaw.com to schedule a consultation with Liz.

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