There are many reasons why you might want to change your custody order. These include changes in your or the other parent’s earning ability. Sometimes parents want to change terms when they relocate or change jobs. Other times, the financial needs of a child change when they go to school or become ill.
If divorced parents come to a mutual agreement on how they should handle custody, they must still follow the terms of the custody order given to them by the court. Typically, the court modifies these terms after receiving a judge’s approval.
Do you need to have a trial to modify a custody order?
In Kansas, courts typically modify custody orders when there are explicit changes in circumstances between parents. However, there may come times when divorced parents want to propose changes to their custody order on their own.
While you do not have to attend a full court trial to modify a custody order in Kansas, you will require a judge’s signature to finalize the modification. Without a signature, your proposed modifications are not legally binding — even if both parents have agreed to them.
How can you get a judge’s signature to modify a custody order?
The easiest way to receive a judge’s signature without going to court is to come to an agreement with the other parent and create a document that clearly outlines the changes you both consent to.
After creating this document, file a motion with the court requesting the modification of your custody order. After writing down all the proposed changes, and after getting consent of both parents, you can receive a judge’s approval without a trial.
The importance of consent in custody orders
Modifying child custody orders is a sensitive matter that requires the consent and knowledge of both parents. If one parent does not agree to the proposed modifications to the court order, the court will likely refer you to mediation in a bid to reach a solution. If the parents fail to reach an agreement, the judge will make a final decision after hearing the sides of both parties.
