It is not unusual
for parents to go off their assigned custody. People do this all the time. However, here is the problem:
1) If you do this, then she can always backtrack and demand to go back to the original, written custody order. Informal agreements are overridden by custody orders from the court; and
2) If you do this informally, then the child support matter may be skewed. You would be paying a different amount, but who knows what she would claim later on if she demands that the original custody order be reinstated. You may find yourself owing arrears for phantom time that she supposedly spent with the children. Exs do this all the time
So the lesson is avoid informal custody/support arrangements like the Plague
, because it can turn very ugly very fast.
So what is the solution? File in Court to modify the arrangement. It sounds like everyone is in agreement. The Court is not going to deny
a request to modify custody if both parents are in agreement, normally. While it acts "in the best interest of the child
," 98% of the time, the Judge happily signs off on anything provided that both parents agree.
So someone in your situation may wish to file a modification of custody, have it signed by the Court on an uncontested docket hearing time (a few times a week for every court, normally), and can have this done in a week. Once this is done, and the official custody order reflects the new custody and support arrangement, then it should not be an issue.
Best of luck.
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