Can a court modify the agreement that we have made, between ourselves, regarding child custody and support?

Courts have the power to modify a custody or support order for a minor child and may do so even though the original order was based on a contract or stipulation between the parents which is binding on them when incorporated into the final order for divorce.  Further, it is not necessary for the parent moving for modification to prove a substantial change in circumstances for a court to modify the order.  A court is not bound by any agreement made between the parents.  If a settlement agreement is found not to be in the best interest of the child, then a court will disregard such an agreement.

When an agreement states that it cannot be modified without the written consent of the parents, it will not and cannot prevent a court from modifying the agreement when there is a concern for the welfare of the children.  Also, a court cannot accept an agreement that contains provisions that are inadequate in protecting and preserving the rights of the children.  Before incorporating a separation agreement into the final order, a court will examine the appropriateness of any child support provisions.

When a parent expressly relinquishes his or her right to receive child support from the other parent, the court may modify the order and require that the other parent pay child support only where there has been a change of circumstances.