My wife and I agree that our son should live with me while he spends weekends with her. Since we are in agreement, can we settle out of court?
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
If there is already an agreement in place or a court order that addresses how you and the mother of your son will share custody/visitation and pay child support, then I urge you not to make any verbal agreements on your own.
In Florida, where I am licensed to practice law, the parties must seek a modification of the current agreement or order; otherwise, he or she may have other issues in the future. These agreements must always be in writing and approved by the court.
If the state in which the order was entered allows you and the mother to change your agreement without having to return to the court and approve your agreement, then you can certainly do so. Additionally, you could also probably attend a mediation session and they would probably have you both enter your new agreement and file it with the court for you. Mediation is not as costly and saves parties a lot of time.
I would encourage you to contact a domestic litigation attorney licensed in your area who can examine the full details of your situation.
Remember I am unable to provide you with anything more than custody tips.