Makingan Informal Custody Agreement: What You Must Know | Allan Brandon Tise PLLC, Attorney at Law

When you get divorced and you have children, one of the most important parts of the process is dealing with child custody. Understandably, you both want to spend as much time with the kids as possible, and you will each have your own ideas as to what the best situation for the kids is. Some couples opt to make their own informal time-sharing arrangements to avoid dealing with attorneys and court. Although making your own arrangements seems like a quick and easy way of resolving how you will spend time with the kids, these arrangements almost never work out. The following are some things you need to know before you make your own arrangements.

If you and your former spouse can communicate effectively and have the same goals for your children, you are allowed to create your own arrangements regarding sharing time with your children. However, you must submit your arrangement to the court if you want to make your arrangements legal. Making your own arrangements without any type of legal involvement is not ideal, nor recommended, as it opens your family to potential problems with sharing equal time with your kids.

You should always confirm your own arrangements regarding your time with the children through court. The most important reason why you should involve the court is because you cannot enforce your own agreement unless it is approved by the judge. Without a legally binding agreement, your former spouse could decide to suddenly change the rules without your permission. Your former spouse could also take your children away on a long trip without your permission or even without telling you, leaving you with little to no recourse. Because you have no formal agreement, neither of you have a legal consequence to adhere to your informal agreement.

When you do not involve the court or an attorney with your time-sharing arrangements, you could lack some essential foresight that should be in your arrangements. A variety of legal issues can occur after your divorce and during your subsequent time-sharing agreement. If you are ignorant of the possible issues that can arise at a later time, you do not have the foresight to include them in your agreement. Overlooking some seemingly minor details can leave you both vulnerable to significant problems. For instance, have you thought to include stipulations on taking your children out of the country for any reason? If your former spouse suddenly decides to move and take your children to a different country with no intention to return, you will face months, or even years, of fighting to get the children back in your custody. An attorney will know which stipulations to include in a formal custody arrangement. Furthermore, a judge will only approve a custody arrangement which is fair and includes all necessary foresight into any potential situation that can occur until your child is of age.

If you avoid seeking a legal custody arrangement because you want flexibility in making changes when necessary, keep in mind you have the ability to request changes from the court. If you and your former spouse agree on the changes to your arrangement, you just have to go to court and request the change in your legal agreement. If you and your spouse do not agree on the changes, you can still request a modification, but you have to provide proof as to how the change will benefit the children. If you need assistance with a family law matter, please contact Allan Brandon Tise PLLC, Attorney at Law.