My Ex Wants to Change Our Custody Agreement Before School Starts. Do They Have the Right To?

By: Bailey Vos

As summer winds down and the school year approaches, custody disputes often start to heat up. Whether it’s the pending change in routine or some other reason that causes an ex to stir up the parenting-time pot, it’s not uncommon for us to get asked questions about custody this time of year. If your ex is pushing for a Michigan custody modification before the new school year, it's important to know your rights first.

In most cases, the answer to whether a parent can unilaterally change up the custody agreement right before school starts is no, not without agreement from the other parent or approval from the court, but every case is unique.

If you find yourself in a similar situation, here’s what to know about custody changes before the new school year begins (and any time of year, for that matter).

A Michigan Custody Modification Requires Court Approval

In Michigan, once a custody or parenting time agreement has been entered by the court, it becomes legally enforceable. That means changes can’t be made willy-nilly by either parent.

Even if your ex believes the proposed change is better for the child, they cannot unilaterally change the parenting schedule or take other action like switch the child’s school, relocate the child in a way that affects custody or parenting time, eliminate or significantly reduce your parenting time, or make major custody decisions without following the existing order.

Until a new agreement is reached or a judge modifies the order , the current custody arrangement remains in effect.

Temporary Flexibility is Different from Formal Modification

That said, many co-parents make informal adjustments all the time.

Parents may agree to slightly different summer schedules, modified pickup times, or temporary changes around sports, camps, or vacations. When both parents agree, flexibility is often helpful.

The issue arises when one parent tries to turn a temporary arrangement into a permanent expectation without proper legal steps.

What Should You Do if Your Ex Wants to Change the Agreement?

If your ex is requesting custody changes before school starts, pause just a beat. Emotions run high when it comes to parenting and custody, so give yourself time to process what’s happened, and try not to panic or react emotionally in the moment.

Instead, consider taking these steps:

• Review your current custody order carefully
• Keep communication calm and in writing when possible
• Avoid agreeing to changes you do not fully understand
• Document any proposed schedule changes or disputes
• Speak with an experienced Michigan family law attorney before making major decisions

Sometimes a proposed change may make sense for everyone involved and be line with the child’s best interests. Other times, it may create unintended legal consequences. That’s why you should always speak with an attorney.

Contact Us at McKinney Vos, PLLC for Guidance on Custody Modifications

Back-to-school custody disputes can quickly become stressful, especially when schedules, routines, and major parenting decisions are involved, but you don’t have to navigate these situations alone.

At McKinney Vos, PLLC, we help Michigan parents address custody modifications, parenting time disputes, and other custody issues.

If your ex is trying to change your custody agreement before school starts, contact our team today to schedule a free consultation.

FAQs

Q: Can my ex unilaterally change our custody agreement in Michigan?

A: No. In Michigan, once a custody or parenting time agreement has been entered by the court, it becomes a legally enforceable court order. Neither parent can unilaterally change the parenting schedule, switch the child's school, or significantly reduce the other parent's parenting time without either mutual agreement or court approval. If your ex is attempting to make changes without your consent, contact McKinney Vos PLLC to understand your options.

Q: What counts as a formal custody modification in Michigan?

A: A formal modification requires filing a motion with the court and demonstrating that there has been a proper cause or change of circumstances since the last custody order. The court then evaluates whether a change serves the child's best interests under Michigan's custody factors. Informal agreements between parents do not carry the same legal weight as a court-approved modification order.

Q: What should I do if my ex tries to change the custody schedule right before school starts?

A: First, review your current custody order carefully to understand what it says. Keep communication with your ex in writing when possible. Do not agree to changes you haven't fully reviewed and document any proposed schedule changes or disputes. Before making any decisions, speak with an experienced Michigan family law attorney. At McKinney Vos PLLC, we help parents protect their rights and act in their children's best interests. Contact us to schedule a free consultation.

--

Bailey Vos is a Michigan family law attorney and co-founder of McKinney Vos PLLC, helping families in Grand Rapids and throughout Michigan navigate divorce, custody, and other complex family matters.