Temporarily modifying your custody agreement
Child custody matters can often become contentious, which can add undue stress to the already stressful situation that you and your children are experiencing. This is why (when possible), we encourage those who come to see us here at the [nap_names id=”FIRM-NAME-1″] to attempt to work through such issues amicably with their ex-spouse’s. No matter the negative feelings you may feel towards your ex-spouse, the reality is that when you have children together, your association will continue. Ensuring that it is at least respectful will help in dealing with emergency custodial situations when they arise.
Say that either you or your ex-spouse is in a serious accident, develops a grave illness, or is called out-of-town for an extended period of time. Such happenings will no doubt impact your custody arrangement. The two of you can either be left scrambling to try and find other parties to care for the children in order to ensure that your custody agreement remains intact as is, or you can try to work together to come up with a temporary amended agreement.
In such a scenario, it may be in the best interest of your children for one of you to either augment (or relinquish) your custodial role as the unique circumstances of the moment play out. If you are able to come up with an acceptable temporary custody modification together, Section 3061 of California’s Family Code says that agreement should be submitted to the court. It will then be viewed as being as legally valid as your permanent agreement. You will want to do this to protect yourself (and add legal enforcement) should your ex-spouse suddenly decide to try and back out of your temporary arrangement.
More information on dealing with unique child custody situations can be found throughout our site.