If my court order states that I am the primary residential custodian of my son, do I legally have the right to change our agreement?

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If my court order states that I am the primary residential custodian of my son, do I legally have the right to change our agreement?

The court order says the father is entitled to temporary visitation on a 50/50 basis or as we may agree. We currently do week to week, but I want to change it, and I don’t think he will agree. Do I have to take him back to court or can I change the agreement myself?

Asked on March 30, 2012 under Family Law, West Virginia

Answers:

Patricia F. Bushman / Bushman & DuBose, LLC

Answered 9 years ago | Contributor

Court orders can only be changed by the Court.  If you and the father do not agree on things, then you have to follow the current order, to the letter, or go to Court to change the order.  Without reviewing the language in your order, I can't advise you further.  Take the Order to a good family law attorney to discuss your options.

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

Answered 9 years ago | Contributor

No, you can not change the agreement yourself.  It is a contract and it was entered in to by both of you.  If you wish to modify the contract - and he does not agree - then you need to go back to court to request modification.  And have a very good reason for doing so.  Something that is akin to adding up to in the best interests of your child.  Good luck. 


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