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willd3kids
Oct 11, 2012, 09:58 AM
What if it is too early to petition a change in the custody agreement?

I am going through this situation right now. The non-custodial parent wants our son for pre-k, and is willing to give him to me for the rest of his schooling. I am looking for a way to make this binding, but it is to soon after the divorce to change the decree.

Is there a way to do this with minimal risk of it exploding in my face?

ScottGem
Oct 11, 2012, 10:03 AM
First, its not a good idea to piggyback your question on another thread. To avoid confusion I've move your post to its own thread. Second, Any question on law needs your general locale as laws vary by area.

Generally you have to wait 1-2 years to request a modification. But if both parernts are agreeable, the court may allow it.

cdad
Oct 11, 2012, 01:41 PM
You can change it anytime so long as both parties agree. The courts will rubber stamp it so it is legal and binding. What the courts do not want to see for the stability of the child and also for building a track record is custody battles within close time proximity. That is where the 2 year waiting period comes from. Its not written as a law but it is a generally accepted practice unless there is a change of circumstance.

So get everything in writing and submit it to the courts.