Peabody, MA asked in Child Custody and Family Law for Massachusetts

Q: can custody be changed before a court hearing if all parties agree?

16 year old wants to live with father. Mother has physical custody. Both parties have joint legal custody. All parties agree to let him live with his father. Do they have to wait for a court custody hearing or can the son leave now?

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
Answered
  • Divorce Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: Unless there is some concern about whether the child's safety or well-being would be affected adversely by implementing an agreement for custody prior to the hearing date, it is generally acceptable. Sometimes, in fact, it is a wise idea to try on the new living arrangement for size to see how things work for the parties and the child so that if things do not work out the issue can be addressed on the Court date.

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