A Massachusetts custody order outlines the obligations and rights of each of a child’s parents. It helps provide the basis for a co-parenting relationship. Parents often spend weeks negotiating the right terms for their custody orders. They might also litigate and have a judge determine the most appropriate way for them to divide parental responsibilities.
In either scenario, parents typically need to follow the terms set in the initial custody order by meeting with each other at certain times and communicating about major decisions regarding the children. Parents may sometimes need to make minor adjustments as issues arise.
Occasionally, parents may need to make official changes to the custody order by requesting a modification. Some parents cooperatively modify their custody orders through mutual agreement. Other times, they do not agree about the need to change the custody order and may need to litigate again.
Why is it sometimes important for parents to make formal changes to their custody arrangements?
The order as-is is enforceable
One of the most important reasons to make official changes to a custody order is to prevent a scenario in which one parent uses the custody order as a weapon. They might verbally agree to let the other parent have an extra day with the children only to call the police and report a parental kidnapping afterward. They might document the changes the parents agree on and then ask the courts to change the child support order.
Verbal agreements do not take priority over a written custody order. The only way to avoid enforcement efforts and other consequences is to ensure that the current custody order accurately reflects the way that the parents divide their responsibilities and time with the children.
Any significant change to the parenting arrangements that alters how much time either parents spends with the children could result in enforcement actions later or attempts to modify support obligations. It is only through a formal custody modification that a parent can eliminate such risks.
Modifications limit unnecessary conflict
When families outgrow their custody arrangements, parents may have to frequently discuss adjustments to the schedule on the fly. Doing so can damage an already-strained co-parenting relationship. The less frequently parents have to change their schedules at the last minute, the less likely they are to end up fighting with one another and becoming resentful.
Cooperating in order to facilitate an uncontested modification or documenting changed circumstances to justify a contested custody modification request can help a parent preserve their rights and potentially minimize the conflict their family faces. Parents who keep their custody orders up to date are usually able to remain effective in exercising their rights and expectations regarding their parenting arrangements.
