Should we ask an attorney to draw up a joint custody agreement?

Question

I have sole legal and physical custody of my 16 year old son. He wants to spend more time with his mom now. Will I be legally responsible for him if he spends 2 or 3 weeks at a time with his mom and the rest of the month at home? She currently has visitation rights of every other weekend, 1 night a week, holidays, and at any other times we both agree for him to visit. Or should she get a lawyer to draw up joint custody papers before we change the schedule that drastically?

Glenn Tanner · Answer

This arrangment could dramatically effect the child support.

William M. Quitmeier · Answer

Yes.

Marc John Weinpel · Answer

No matter how well you are getting along now, it is always smart when a change of this magnitude is memoralized by an agreement which addresses these issues and the new ones: your visitation time, holidays, support, etc.

Melvin Franke · Answer

To protect yourself you need with an attorney.  A court order might be necessary.

Monica H. Donaldson Stewart · Answer

If the two of you agree to change your parenting schedule and custody arrangement, you should create a new parenting plan to reflect these changes and submit it to the court so it becomes "official." You don't necessarily need an attorney to draft the documents; however, I recommend you at least speak with an attorney to get guidance about the appropriate documents to use.

Roianne Houlton Conner · Answer

It is always a good idea to file a joint agreement with the Court to protect everyone.

Mark Brown · Answer

I recommend strongly that you have an attorney draft a Parenting Plan and Residential schedule that reflects the new arrangement so that there are not disputes or unintended consequences; and the child support arrangements can be discussed and resolved.

Mark Petersen · Answer

If you are going to change a custody order, my recommendation is to modify the order through the court system so you have a binding order that both parents have to follow. In the event there is a dispute over custody, the court order will provide you the necessary protection from any issues with the mother.  However, if you want to maintain sole custody, even while giving the mother additional time, then you probably don't want to do anything. That way, if the mother does something you don't like, you still have the current order and could remove the child without court intervention.

Steven D. Dunnings · Answer

Hire an attorney but such a substantial change in parenting time is going to change the support amount.

Timothy Byrne · Answer

Get a lawyer to draw up a new visitation schedule if you want to. Mutual agreement on visitation does not alter child custody.

George Trovato · Answer

The parents are always free to change the visitation or custody of their child. It is only when the parents dont agree that the parties have to follow the original court order or ask the court for a modification.

Alfred Fahlen · Answer

Legally you cannot change the terms of visitation or custody without approval from the court. There are many considerations and statutory requirements to meet to obtain a judges signature. Therefore a lawyer knowledgable in this area should be sought. A small fee now could save a catastrophic fee later for something done wrong. Don't play lawyer when you are dealing with children.

John Kirchner · Answer

You need to consult a lawyer who can review the current court orders to determine how to best accomplish a modification.  The general rule is that you need to accomplish that modification in writing and have that modification approved by the court.  Based on what little information you have provided, the idea of changing from what you describe as "sole legal and physical custody" to an arrangement whereby the child will reside 75% of the time with the other parent is a significant change that needs to be  carefully considered and documented.

Dean Esposito · Answer

To answer your first question, you are still legally responsible for the actions  of your child even when he visits his mother. I would need to speak to you to ask you questions and obtain additional  information before I could recommend whether to have a new agreement drafted.  There are potential benefits and pitfalls to doing so.

Cassandra Savoy · Answer

You do not have to change "custody" to give wife more parenting time with child.  Just change what needs to be changed.

Frances Headley · Answer

Whenever custody and visitation is going to permanently changed then the changes should be written up and signed by the parties.  Given the amount of change you are contemplating, it would be a good idea for an attorney to draw up the stipulation.  You may wish also to consult an attorney about the proposed agreement so that you can be assured that it accurately reflects what the two of you have agreed on.

Elizabeth Jones · Answer

It sounds like you are considering a major change. I think you would be well served to have this written up as a stipulation as submitted as the Order of the Court. This would protect you both.

Hayley Silverberg · Answer

You should consult an attorney and if necessary draft a new custody agreement.

Gregory Crain · Answer

Yes.

Yahima Suarez · Answer

You can come to an oral agreement whenever you both agree, however, any oral agreement is not legally binding. Any time you don't agree, the written document is binding. Once the mother of the child has so much time with the child (2 out of 3 weeks in a month), she will have the right to modify the agreement and the child support as well. You will be responsible to pay child support. You are both legally responsible for the child.  you can always make the change through the courts but there is more involved than just the time sharing as child support will legally change as well.

Barbara Peyton · Answer

You should use a lawyer for that and then the new agreement will be made into a court order.  That way both of you are protected.  Note:  If he spends more time with mom and you make more money than she does, there might be a child support order or modification of a child support order.

Dave Hawkins · Answer

In order to modify a parenting plan you must file a Petition to modify the parenting plan with the court and submit a new parenting plan to be approved by the court  that is if you want the parenting plan to be enforceable. Remember, a parenting plan is a court order and failure to abide by a PP can subject a parent to a contempt action.

Alan Pransky · Answer

You should have a lawyer draw up an agreement that can be filed in court and approved by a judge. The lawyer should also look at child support to see if the new custody arrangement requires a change in the child support order.

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