Why You Need to Go Through the Proper Legal Process to Change a Custody Order

Circumstances can change when you least expect, and it’s not always convenient. If you’re experiencing changes that will impact your current child custody arrangement, it’s crucial that you go through the family court system to request an official change. An experienced family law attorney can make the entire process easier for you and your child, and will help you avoid the emotional chaos of having to go to court alone.

Here’s why trying to make adjustments on your own – even with the other parent’s permission – is a bad idea.

There are legal consequences for violating a court order

The bottom line here is that you can be held legally responsible for intentionally altering a court-ordered child custody plan. Even if your child’s other parent is completely on board with the changes, you still need to get a new court order. All it takes is one disagreement that triggers your ex to retaliate against you and report you for altering the custody arrangement. No matter how good your relationship is after your breakup, don’t trust that this won’t happen.

On the other side of things, if you feel like the custody arrangement is unfair and you don’t want your child to have contact with the other parent, don’t withhold your child from court-ordered visitation rights.

The legal consequences of ignoring or violating a court-ordered custody plan by not allowing your child to see their other parent include:

Being held in contempt of court. If you stop visitation without court approval, the other parent can take you to court, and you are likely to be found in contempt of court.

Receiving an injunction. Having an injunction issued against you can be extremely inconvenient. It will prohibit you from performing certain actions related to your custody plan. For example, you might be banned from communicating directly with the other parent or being in the same physical location. Violations of the injunction can result in being held in contempt of court, jail time, and paying the other parent’s legal fees.

Being reported to police for parental kidnapping. The other parent can report you to the police and pursue charges against you.

The potential consequences of violating your current child custody order are heavy. If you end up having to pay fines or go to jail for not cooperating instead of going through the proper channels, it will hurt you and your child.

Only a family law attorney can get you a better arrangement

If you feel desperate to change the current details of your child custody order and feel like the judge didn’t consider all of your concerns, or if you think your child is in danger being around your ex, talk to a family law attorney as soon as possible. It’s the only legal option you have that won’t come back to hurt you.

If you need a custody order changed, it can be hard to prove your case alone, and that’s why you need an attorney. For example, you’ll need to show that there has been a substantial change in your circumstances that require a change to the custody arrangement, and that your proposed change serves the child’s best interests. This could include a job relocation, becoming unemployed, or if you’re aware of abuse, neglect, or substance abuse on the part of the other parent.

There are some exceptions

Although it’s technically not legal to make changes to a custody agreement outside of a court order, there are exceptions that will be overlooked and probably aren’t going to hurt you. For example, if you’re not actually changing your custody arrangement and are just working out temporary solutions to accommodate n emergency, a sudden schedule change, or unforeseen changes to your life circumstances, that’s different.

For example, maybe there was a family emergency and you had to move in with your parents, who live a couple of hours away. There’s nothing wrong with asking the other parent to help you out by temporarily changing the custody schedule. However, if the situation is not truly temporary, you’ll need to simultaneously be pursuing a new court order.

Always work with an attorney

Never attempt to work out your own custody changes with your child’s other parent. Always seek legal help from an experienced family law attorney, no matter which side of the dispute you may be on.