pouses can agree to joint custody and agree on a schedule for joint custody, but if material changes in circumstances occur, the settlement agreement cannot limit a court in determining what is in the best interests of the children. A court may consider a number of factors in determining the best interests of the child, including, by way of example, parental fitness, character and reputation of the parents, and the age, health and sex of the children. A paramount consideration in determining whether joint custody should continue is the ability of the parties to communicate and reach shared decisions regarding the children’s welfare. In appropriate cases, the inability of the parties to effectively communicate and reach shared decisions may warrant a change in custody. This case demonstrates the need to engage counsel to ensure you come to court with the evidence you need to support or oppose a change in custody or even oppose a claimed change in circumstance.
Change in Child Custody Is Not Limited By Agreementx