If you’re co-parenting, you may wonder if parents can change custody arrangements without involving the court. Can you both create a new arrangement and go with it? The short answer is yes, but there are important things to keep in mind.
You can modify your custody arrangement informally if you can agree to the changes with your co-parent. For example, you don’t have to go to court to swap weekends or adjust drop-off times to accommodate a new job. This flexibility can make co-parenting smoother and less stressful, but it can also lead to problems. Here’s why.
Informal changes are not legally enforceable
Changing custody arrangements without court approval may seem easier, but it comes with certain risks. If your co-parent decides they no longer want to honor the informal changes, there is no legal way to enforce them. In other words, you cannot turn to the court to enforce orders it didn’t give. This can lead to confusion, conflict and uncertainty for you and your child.
When should you consider going back to court?
If you want a significant change to the current custody arrangement, such as switching who has primary custody or relocating with your child, seeking a court modification is the safest route. You don’t want a handshake agreement with your co-parent that could come back to haunt you.
Colorado courts may modify a custody order if there has been a substantial change in circumstances since it was issued. This could include a parent moving out of state, changes in the child’s health or educational needs or if the current arrangement is no longer in the child’s best interests.
Navigate custody modifications with confidence
Changing custody arrangements can feel uncertain and complex, especially if you’re worried about whether the new arrangement will hold up or create conflicts later. Seeking professional legal guidance can help you handle such situations thoughtfully and confidently while protecting your parental rights and your child’s well-being.
