My ex-spouse has asked to pick up our children, of whom we share custody, at a different time from that stated in our custody agreement. I’m fine with the change. Do we need to alter the agreement, or is a verbal agreement enough?
As an attorney, my answer is almost always going to be “get it in writing.” While you may have the most amicable divorce in the world, you never know what the future may hold. Contracts fill the gaps left when human trust fails.
If this is a one-time, or two-time situation, a verbal agreement might suffice though if you expect it would longer than that it always makes sense to confirm that in writing. Regardless it is always important that you and the other parent on the same page concerning the time or day for the exchanges otherwise this can lead to misunderstandings and stress between parents.
If this is a longer-term change, you should definitely alter the custody agreement. If both parents agree to the change, they can jointly file a petition with the court in a fairly simple process.
Whether you are working out an initial custody agreement or need to modify one that is no longer working for your family, come discuss your individual situation with our firm – we are happy to help get you in the right direction.