When it comes to obtaining a child custody agreement, everyone is aware that there are numerous costs involved. In fact, many people have an understanding that going through the separation process and dealing with custody issues is an expensive process. However, obtaining a custody agreement does not always have to be a complicated and expensive process for you and your separating partner.
In fact, if both parties are agreeable on a custody agreement that works for both of them and their child(ren), then the costs of obtaining a court order child custody agreement will be reduced drastically. Although it may seem obvious, this is because less time and money will have to be spent on arguing over the issue of custody.
One of the main costs that is associated with obtaining a custody agreement are the fees that come from hiring an attorney to represent you in handling the issue of custody. Because of this more separating parties are attempting to navigate the process of obtaining a custody agreement themselves, without hiring fighting over the issue in court. The following legal article explores all of the ways in which a child custody agreement may be obtained without going to court.
What Is a Child Custody Agreement?
In general, child custody refers to the set of legal rights granted to a biological or adoptive parent. A parent with legal custody over their child will have the right to make important legal decisions on behalf of their child, amongst other important decisions regarding raising that child.
Generally, a child custody arrangement refers to the legal right of a parent with physical custody to possess and live with their child(ren). With a child custody agreement, each parent will have a court-ordered or approved schedule by which they are entitled to possess their child.
However, it is important to note that one parent will typically be granted primary custody of the child. Primary custody is important for insurance, tax, and educational purposes. In general, the parent’s residence that has primary physical custody of the child is considered to be the child’s primary residence.
Importantly, a child’s biological parents are automatically granted certain legal rights over their child or children at the time of their birth. Specifically, mothers are granted custody rights from the moment that they give birth in almost every case. In some states, unmarried fathers may have to seek custody rights after the birth of their child. This is because in some states paternity is not always assumed.
If two parties that have had a child separate from one another, a custody agreement concerning that child will have to be reached. Under that custody agreement, various legal rights will be discussed, such as each parent’s right to possess their child(ren). Additionally, other rights will also be covered, such as the right of each parent to:
- Make educational decisions for their child, such as what type of school they go to, what type of courses the child should take, and other educational decisions
- Make religious decisions regarding what religion to raise the child in, if any
- Make legal decisions on behalf of their child, such as whether or not to enter into certain legal contracts on behalf of their child or represent their child in a lawsuit
- Make medical decisions for their child, covering both invasive and noninvasive procedures
- Make decisions regarding their child’s psychological care
What Are the Different Types of Child Custody?
There are many different child custody arrangements. The following list summarizes the different types of child custody arrangements that may be available to parents upon divorce or legal separation.
It is important to note that the exact definition of the following custody arrangements will depend on the state in which child custody is being determined:
- Sole Custody: In the case of a sole custody arrangement, only one parent will have custody of the child for most of the time. Then, the other parent is permitted certain child visitation rights, in which they are able to visit with their child for an allotted period of time
- Generally speaking, courts are moving away from sole custody arrangements, as numerous courts presume that a child having access to both parents is in the child’s best interest
- However, if there is evidence that the child is in clear danger in one parent’s household, or evidence is shown that permitting one parent custody of the child is not in the child’s best interest, sole custody may be ordered
- Joint Custody: When the two parents can agree, or a court orders them to share decision-making and child-raising responsibilities, they will be granted joint custody of their child or children
- As mentioned above courts prefer joint child custody arrangements and they are typically considered to be in the child’s best interests
- Joint child custody arrangements ensure children have continued contact and involvement with both of their parents by allowing both parents to have almost equal possession and access to their child or children
- Joint child custody arrangements also help to drastically reduce the costs associated with obtaining a custody order
- Bird’s Nest Custody: Bird’s nest child custody refers to a rare form of child custody arrangement wherein the child or children remain living in the family home and the parents take turns moving in and out of the home to care for the child
- Bird’s nest custody is typically not granted as it is disruptive for the parents’ schedules, and the parents will not typically be amenable to the situation long-term
- Split Custody: In a split child custody arrangement, otherwise known as a 50-50 child custody arrangement, both parents will be granted equal rights to possession of their child or children
- Split custody arrangements are typically more rare than a joint custody arrangement as one parent is generally less available to provide care for their child on a daily basis
- For example one parent may have a career that does not provide them the availability to care for their child fifty percent of the time
How Can I Reach a Child Custody Agreement Outside of Court?
It is important to note that all decisions regarding a child, including determining child custody, will be made according to the child’s best interest standard. This means that what is considered to be best for the child will always be placed over the wants and needs of the parents involved in the custody case.
As such, when a court is determining whether or not to approve a custody agreement reached outside of court, it will have to be in the child’s best interest. One of the most common ways that a separating couple may reach a child custody agreement outside of court is through informal negotiations.
In other words, if both parties feel capable of respectfully handling the issue of custody, they can discuss the issue and decide the terms of the custody arrangement on their own. For example, both parties can have a joint meeting and nail down a custody agreement that works for both of their schedules. Then, the couple can memorialize their agreement in a signed custody agreement.
They can then take this agreement and present it to their local court for the judge’s signature. However, before a family law judge will sign off on a custody agreement, all of the necessary custody issues must be discussed.
As such, many couples choose to take their informal agreement jointly to an attorney who can then review and put their informal agreement into a more formal document. Then the judge will be more likely to accept the agreement, as it tracks the law more accurately than an informal agreement prepared by non lawyers.
Another way in which couples can avoid going to court is attending mediation. Mediation is the process by which a neutral third party intervenes between two conflicting parties. Mediation during the custody process can prove to be an effective alternative to going to family law court. Additionally, mediation is often much quicker and more cost-effective than a full litigious custody hearing.
In other words, mediation is often far less expensive, less time consuming, and less formal than a fully blown contested custody trial. Mediation also leaves the outcome of the child custody in the hands of the disputing parties, as opposed to waiting on a decision made by a judge or jury. Because of this, the parties are often able to create a more workable solution that a court might not be able to make.
How Are Custody Agreements Finalized?
As mentioned above, two separating parties are able to do almost everything with regards to obtaining a custody agreement without going to court. However, ultimately one or both of the parties will have to go to court to present their agreement to the court for approval.
In other words, in order for a custody arrangement to become enforceable, the custody agreement needs to be presented to a judge for review and signature. Then, as noted above, the judge will review the agreement to determine whether or not it is in the child’s best interests to sign the agreement.
If the judge determines that the custody agreement is approvable, they will then sign off on the agreement. Each party may then proceed to the clerk’s office to obtain a certified copy of the order to use, should the other party fail to follow the custody agreement.
Do I Need a Lawyer for Help With Child Custody Arrangements?
If you are in a situation where you are facing interference with your custodial rights, then it is important to consult with an experienced child custody lawyer. LegalMatch can assist you with locating and setting up a consultation with an experienced child custody attorney in your area. An attorney can help you understand your state’s specific laws on withholding a child or violating a custody order and what your legal rights and options are under those laws.
Once again, violating a custody order will carry a wide range of potential legal consequences. The consequences include both civil and criminal penalties. An attorney will be able to assist you in either exercising your legal rights or defending you from a claim regarding secreting your child. Finally, an attorney will be able to represent you in court, as needed.
