Custody agreements are created during separations or divorces to prioritize the best interests of the child and ensure they can maintain relationships with both parents. However, as time goes on, sometimes things change, and the schedule that was originally created may no longer be sufficient. If you are a parent in Iowa, understanding your legal rights and responsibilities regarding child custody is imperative. To learn whether you can modify your custody agreement without going to court, continue reading and reach out to a knowledgeable Dallas County post-judgment modification lawyer.
Can I Modify a Custody Agreement Without Going to Court in IA?
Whether or not modifications can be made to a custody agreement without the help of a court is a tricky subject in Iowa. There is no way to avoid the court entirely.
If both parents agree that the custody order needs to be modified, they can hammer out the details on their own and enter an informal agreement where they disregard the original custody schedule and instead abide by the new one they have created. However, these changes are not considered legally binding. Because the court has not made it enforceable, operating under an informal agreement can result in disputes down the line.
In order to have the new agreement validated, the parents will have to go to court.
When Can Custody Be Changed?
Courts will not approve a change in custody for just any reason. Parents must demonstrate significant changes in circumstances that make the previous agreement ineffective and warrant a modification of the order.
Common reasons why a custody agreement may need to be changed include the following.
- A parent is relocating
- A parent started a new job with a vastly different schedule
- The child’s needs have significantly changed
- A parent is unable to care for the child due to incarceration, substance abuse, or mental or physical health issues
- There is evidence of a parent’s neglect, abuse, or unsafe living conditions
How Can I Modify a Custody Agreement?
Whether both parents are in agreement or have different ideas of how the custody agreement should be, one parent is required to file an Application to Modify an Order with the court in order to modify the document.
The application should contain relevant information, including why the parent believes the court should change the custody agreement and the modifications they are requesting. Ample evidence should be provided demonstrating the changes in circumstances that warrant an alteration of the order. The parent will be required to request a hearing at the end of the application.
If the parents disagree, the court may order mediation before the hearing in an attempt to get them on the same page. Regardless of the outcome, the final agreement must be approved by the court.
To learn more about your legal rights and options, reach out to a knowledgeable attorney at Iowa Defenders, PLLC today.
