Can I Modify a Custody Arrangement without Court?

Once the Tennessee family court handling your divorce case decides on a child custody arrangement, it becomes a legally enforceable order. This means that if either you or your former spouse violates it at any point thereafter, you may be held in contempt of court and face other legal consequences. However, you may wonder what the solution is if you and your former spouse both agree that changes need to be made to this order, for your child’s sake. Well, please continue reading to learn whether you can modify your custody arrangement without court involvement and how one of the experienced Clarksville child custody lawyers at Fendley and Birch can help you avoid entering litigated proceedings once more.

Can I modify my child custody arrangement without going to court?

It is a great accomplishment if you and your former spouse can remain amicable and co-parent your child productively post-divorce. To honor this amicability, you and your former spouse may attempt to modify your existing child custody arrangement without going back to court.

First, for this to be made possible, you must both agree that edits need to be made, along with settling how these tweaks should be implemented. Secondly, and ultimately, the Tennessee family court must rule that the newly proposed arrangement still works in your child’s best interest.

What needs to be included in a modified child custody arrangement?

Even if you and your former spouse are on the same page, so to speak, it may be challenging to tackle something as difficult as a legally enforceable child custody arrangement.

For this reason, we typically recommend our clients hire a neutral, third-party mediator to facilitate the conversations and ensure no issue is left unaddressed in the drafted plan. With that being said, you and your former spouse must ensure that your modified arrangement includes the following essential elements:

• The parental roles: who gets legal custody, physical custody, or both sets of rights.
• The custody and visitation schedule: who gets the child on which weekdays, weekends, observed holidays, vacation trips, etc.
• The child support information: who becomes the payor and receiver, and how much is awarded, based on the newly proposed custody and visitation schedule.
• The general parenting provisions: how the parents will speak about one another in front of the child, how the parents will make mutual decisions regarding the child, etc.

Once this agreement is written out and signed by both you and your former spouse, you must file it with the court. Hopefully, the court will approve it and put it into effect shortly afterward. Importantly, you must continue complying with your existing arrangement until you get this official approval.

We understand just how overwhelming all of this can be for you. So, if you have any remaining questions, please consult with one of the skilled Clarksville family lawyers. The team at Fendley and Birch is willing and able to provide you with legal assistance in any capacity.