Recognizing the Need For A Divorce

Do You Need A Child Custody Agreement If Everyone Is Getting Along?

10 June 2021

Jackson Robinson

One of the most common mistakes when it comes to child custody is getting by with an informal arrangement. Hiring a child custody attorney seems like an undue expense when everyone seems okay with the situation.

Why should you move to a formal agreement? Let's look at four compelling reasons to have a child custody lawyer put together the proper paperwork.

Big Decisions Require a Framework

The early days of dealing with a kid often don't call for serious decision-making structures unless a major medical issue emerges. However, you will run into more and more situations that call for a final say as a child gets older.

This includes school enrollment, sports participation, and eventually paying for college. Institutions will want parents to sign off on liability agreements for school activities as mundane as field trips. If a dispute arises, you need to know who speaks for the child's interests and how the two parents will resolve problems.

Moving

Child custody arrangements often work well until one parent needs to move a prohibitively long distance away. When that happens, one parent often has to hastily seek a court order to stop the move. With a formal agreement in place, you will have already addressed the question of what happens if a parent wants to move. This makes it easier to protect both parents' rights and the child's best interests.

Death or Disability

What happens if the parent with primary physical custody dies or ends up too disabled to provide care? Worse, what happens if both parents are unable to serve in custodial roles?

The answer often is that close family members, frequently the grandparents, will often start a custody fight. By assigning primary physical custody through formal documents, you can clarify who would take over if one or both parents are unable to provide parenting. This also will make it easier for a court to assign custody to a family member because the documents will provide a starting point. Absent a clear answer, the grandparents tied to the primary custodial parent will likely have the best position to assume custody.

Obligations

One of the goals of the child custody systems is to ensure, where possible, that the child has a relationship with both parents. The agreement should formally outline when the parent with secondary custody or visitation should have the child. If they neglect those duties, the agreement provides the other parent with grounds to go to court to either enforce time with the child or cut the non-compliant parent off.

For more information, contact a child custody lawyer.

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