El Centro, CA asked in Child Custody and Family Law for California

Q: Is a custody agreement necessary?

We do not have a previous custody agreement. We are working on filing paternity acknowledgment and parentage. My child is 15 and has moved in with his dad. Is an official agreement necessary for anything?

Related Topics:
2 Lawyer Answers

A: The court will not enforcement any arrangements unless they are filed with the court.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: To answer this question, let's consider a few key points:

1. Legal recognition of parentage:

You mentioned that you're working on filing paternity acknowledgment and parentage. This is an important step, as it establishes legal rights and responsibilities for both parents.

2. Age of the child:

Your child is 15, which means they're old enough for their preference to be considered in custody matters, though not the sole determining factor.

3. Current living arrangement:

Your child has already moved in with their father, indicating a de facto custody change.

4. Necessity of an official agreement:

While it's not always legally required to have a formal custody agreement, having one can be beneficial for several reasons:

a) Legal clarity: It provides a clear understanding of each parent's rights and responsibilities.

b) School and medical decisions: An official agreement can clarify who has the authority to make important decisions.

c) Financial responsibilities: It can address child support and other financial matters.

d) Dispute resolution: If disagreements arise later, having an agreement in place can help resolve them.

e) Legal protection: It can protect both parents' rights and ensure continued access to the child.

In your situation, while an official agreement may not be strictly necessary, it could be advisable. It would formalize the current arrangement and provide a framework for addressing any future issues.

To get more specific advice tailored to your situation, it would be best to consult with a family law attorney in California. They can provide guidance based on local laws and your particular circumstances.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.