Sharing child custody requires constant communication and cooperation. Parents should (usually) make every reasonable effort to comply with the order entered by the courts. They should regularly exchange custody and talk with one another before making major decisions about their children.
As families adapt after a divorce or separation, custody orders can become increasingly out of date. Parents may need to make adjustments to their schedules and to the overall allocation of parenting time. When minor disruptions arise, parents can communicate directly and make adjustments on demand.
However, if they have to commit to a significant shift in their regular arrangements, such as altering the percentage of overnight time the children have with the parents, then informal custody adjustments may not be the best option available.
The possibility of enforcement
While parents may have a verbal agreement to change their parenting schedule or to grant one parent more time with the children, technically the custody order is still in place. Either parent could theoretically go to court asking for enforcement support.
In some cases, a parent with malicious intentions might agree to let the other parent extend their time with the children. They could then involve law enforcement authorities by alleging that a parental kidnapping may have occurred. The courts and police officers generally have to defer to the custody order unless there is clear evidence that the parents have communicated about a matter and reached an alternate arrangement.
The potential impact on support
The other reason that parents may want to formally adjust their custody orders when they change the overall division of parenting time is that those changes could influence financial support obligations. Child support orders reflect numerous details about the family situation.
The percentage of overnight parenting time and the income of both adults are key considerations. If one parent takes on far more overnight time than the custody order acknowledges, they might have an obligation to pay an unfair amount of support or may not receive nearly enough support given the circumstances.
If parents can cooperate on custody adjustments, pursuing an uncontested custody modification can be a relatively simple process with the right legal help. Working with a family law attorney to modify custody orders as necessary can help parents protect themselves and maintain a stable co-parenting arrangement.