Q: I’m filing to switch custody of my nephew from maternal aunt to myself, paternal aunt.
The maternal aunt requested the change. She wants to have visitation in our new agreement. In addition to a motion of change in custody, does the maternal aunt need to file a motion for visitation? Or if our written agreement outlines a visitation schedule is that enough?
A: If you an maternal aunt are in agreement, then you can likely draft an Agreed Judgment Entry asking the Court to adopt whatever custody plan that you come up with. So, if you and maternal aunt can negotiate an agreement outside of Court and write it, then you can file that with the Court with an Agreed Judgment Entry (document telling the Court that these parties are in agreement) so long as paternal aunt is already a party to the case.
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