What forms are needed to show the modified terms of custody that have been reached?
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Answer:
Modification of divorce decrees generally refers to a change in the order that was issued declaring the couple officially divorced. The divorce decree will often contain orders related to child custody and visitation, as well as division of assets, support payments, and other issues. Proceedings to modify a divorce decree are commenced by filing a petition to modify in the original divorce action decree. Local court rules and state rules of civil procedure, which vary, govern petitions to modify. Typically, to modify child custody or visitation, the parent seeking a modification must show a "significant change of circumstances" that would support such a modification.
Typically, a divorce order will be enforceable unless modified by the court, and it is unlikely a court may enforce a waiver due to an oral contract by using its equitable powers to prevent an injustice. The majority of courts hold that the parties cannot modify a court order by agreement among themselves. A divorce decree may be modified by the court when a significant change in circumstances is proven. If the parties stipulate (agree) to the modification, it may be more likely to be ordered.
