Custody: Status Quo

Can your custody status quo change the existing custody order? Yes. Take the following scenario. The mother and father live separately. They have a custody order, which is a couple years old. Since that custody order was entered, the mother and father have been consistently following a different schedule. They verbally agreed to do so. Can their new schedule change the old custody order?

Yes, it can. The schedule the parties have been following is called the status quo. And this status quo can be used as a basis for acquiring an updated custody order, which adopts that newer schedule. You may want to get an updated custody order, so that the other parent cannot revert back to the old custody order. Parents sometimes try to revert back to the old custody order when they get angry at the other parent. When parents try to revert back, it can have an adverse effect on the children, because suddenly the children have to follow a new schedule and most likely that schedule does not work for the parties (the reason they adopted a new schedule).

If you desire to obtain an updated custody order which reflects your status quo, feel free to contact our firm.


Written by Attorney Andrew Glasgow