Modifying Child Custody Out of Court

Answer:

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.