Issues of child custody are often contested and disputed in the courtroom. Obviously, no one wants to go to court, so if you are going through a divorce with children involved, you may want to know, “Can I modify child custody out of court?” If you have further questions, contact Saratoga family law attorney Jean Mahserjian today.
Process
If you and your children’s other parent agree upon a change in custody, you may be able to implement that change without going to court. To do so, we first draft a stipulation that you both sign and we put into that stipulation that you want to have the court execute an order implementing the new modification. We’ll then file a petition with the court, submit the paperwork to them and ask that the court execute an order without the parties going to court. In most cases, that works. Sometimes, however, a court will still want the parties to come into court to make sure that the court has the full and proper stipulation, or to ensure that a law guardian has reviewed the change in custody and that it’s acceptable from the perspective of the children.
Contact Our Office Today
If you have children and are considering a separation or divorce, one of the most important decisions you will have is how your children will be raised and cared for. This is difficult in an intact marriage; when parents are going through the emotional trauma of marital dissolution, this issue can become explosive. Mahserjian & Mahserjian-Ortiz, PLLC understands the complexity of the legal and human issues attached to child custody. We can help you obtain a complete custody arrangement that meets the individual needs of your children and addresses the unique circumstances of your family.
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