Question:
If the primary parent signs papers outside of court stating the non custodial parent now has the child 5 nights per week, is this enough to bring to court to modify a current order? Will this agreement, when attached to a petition, be enough for a judge to grant at first hearing? My goal is to not have the child involved in any arguments or adult situations. I believe this is the other parents goal as well.
Answer:
The proper way to accomplish what you want to do is to prepare a Stipulation that is executed and notarized by both parties. The Stipulation should outline the custodial arrangement and also state that both parties consent to the entry of an Order incorporating the Stipulation. After the Stipulation is signed, you would file a petition and then submit an Order with the Stipulation attached. In most instances, the Court will not require anyone to appear when you undertake a modification in this manner. It would be best to have an attorney draft the Stipulation, Petition and Order to ensure that this is done properly and to ensure that you can avoid going to court.
This legal question was asked on Avvo and was answered by experienced Saratoga divorce attorney, Jean Mahserjian. Please give us a call today if you need help.
