Q: Is it okay not to have child custody written out?
My soon to be ex wife is a family law attorney, and has told me that we do not have to have the child custody written out-is that a good thing or is it better to have it written down? Or does it matter?
A: Parents that are able to coparent well may not need to have a detailed parenting plan. However, some parents need one for law enforcement to enforce. You may not need one now, but it could be possible that you need one in the future if issues arise. If there are support issues, having a written plan helps to provide more solid numbers. Also, if you think it might be your weekend with the children, but your ex says it isn't and problems arise, detailed parenting plans are helpful. Whether it is better should be decided on a case by case basis since more facts are required to provide a thorough analysis.
A: If you do not have any enforceable court orders regarding custody and visitation, then if you run into a problem or one party is not honoring the informal agreement, there won't be much you can do about it. Your wife is incorrect.
A: Child custody orders are only valid if court-ordered. Private agreements re: child custody/ support have no legal import. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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