Ending a Trial Change of Custody

Two parents agreed to a trial modification of custody, with a thirteen-year-old child moving in with the non-custodial parent in another state. The idea was for the child to live with that parent for the school year, and then to revisit the situation.

Two months into the school year, the child is miserable and wants to go home. No court order has been entered. Can the parent who has custody under the order end the trial and bring the child back home?

Technically speaking, as there was no change in the court order, the parent can recover custody consistent with the court order. The non-custodial parent can respond by petitioning a court to enforce the agreement or otherwise modify custody. A court may be concerned about changing the child's state of residence and school part-way through a school year.

It would be a good idea for the custodial parent to work with a custody lawyer.