IS MY CHILD CUSTODY AGREEMENT FOREVER BINDING?

QUESTION: I am getting a divorce and my husband and I agreed on 50/50 custody. There is a good chance at some point I will need to move out of state. Is the likelihood of the court granting me more custody and allowing me to move out of state less likely if I have originally agreed to 50/50 and not moving out of the sate? Or will they look at all circumstances and reassess in an unbiased manner? Do I need to make sure I file how I want to be long term now?

MY RESPONSE:

If you and your ex-husband already have a final 50/50 agreed child custody order, you would have to prove to the Court that it would be in the children's best interest to allow you to move away with the children, a difficult burden for you to carry, since your ex-husband's time with the children would be drastically affected by the move.

The burden would be significantly less if your ex-husband doesn't get joint custody - i.e., under 30% of the children's timeshare.

If your agreement is not a written agreement, or if it wasn't made in open Court, you may not be bound by that agreement.

You should at least consult, if not retain an experienced Family Law Attorney to represent you, under the circumstances you describe.

Whereas a final child custody order may not be forever binding, it may be extremely difficult or impossible to change a joint custody order of 50/50 timeshare that you agreed to, and that may affect your ability to make the move with your child/children that you may want.


This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |