If I was never married to the father of my child but we established a shared parenting agreement that we no longer agree on the terms, can I relinquish the agreement?

And have my sole custody back?

Asked on January 21, 2013 under Family Law, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Under the laws of all states in this country, since you no longer agree to the terms of the shared parenting agreement and there is no compromise between you and the other parent, the only way to change the agreement that you have in place is to file a petition with the court seeking a modification of it.

From there you let the court make the decision or you go to mediation to try and work things out. If you need to file a petition with the court seeking what you desire, I suggest that you consult with a family law attorney for help.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

And there is a custody order in place as well?  No, you can not just relinquish the agreement.  It is a contract and it would be a breach.  You have to make an application to modify the agreement and the plan.  Get legal help.  Good luck.

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