Going to court to make a determination about a child custody agreement isn’t something that most people relish. Court battles can be drawn out, expensive, and emotionally exhausting. However, child custody without court order leaves room for many things to go wrong. The following reviews the pitfalls of a child custody agreement without a court order, and why getting a court order is a must.
No Ability to Enforce Custody
By far the biggest pitfall of a child custody agreement where there’s no legally binding court order in place in that is the event that the agreed-upon arrangement is violated, no enforcement is possible. In other words, a child custody arrangement can only be enforced under the law if a court has ordered the arrangement. If a court order has been issued, law enforcement officers can take physical custody of a child in order to return the child to the custodial parent.
If you and your ex-spouse have agreed that you will split custody of your child, but your spouse denies you the right to see your child, nothing can be done without a court order.
Moving a Child Out of State
Another problem with a lack of a court order in regard to a child custody arrangement is that one parent may be able to move the child out of state without legal consequences. According to common child custody arrangements, a judge will prohibit a parent from moving out of state with a child without special permissions. If no legal judgment has been issued, then an out-of-state move can be much harder to prevent.
Fighting with Other Parent About Custody
Parents who have a court-ordered custody agreement are both aware of exactly what the contract says, and what the consequences are for violating the agreement. When a judge issues a court order, the need to argue about where the child will stay or with who is eliminated.
A court has already made the decision, and all decisions are made with the “best interest of the child,” in mind, per Texas law. When no court order exists, a child’s parents may be more inclined to disagree about custody issues, leading to arguments and fights.
Get a Child Custody Court Order Today
If you’re going through a divorce or are recently divorced, it’s essential that you get a child custody court order. Having a court order can prevent your ex-spouse from taking your child from you, and can help to eliminate unknowns (like who gets the child when).
At The Texas Divorce Lawyer – Law Office of Julie Johnson PLLC, we’re ready to get to work on your custody agreement today. Contact us at 214-265-7630 as soon as possible to begin now.