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Is a child custody order necessary if the parents are amicable?

On Behalf of | Aug 12, 2024 | Firm News

When there are children involved in a divorce, it’s always good if parents can get along well and discuss matters in an agreeable way. With custody and parenting time, they might move forward without a specific legal agreement as to how it is handled. Knowing the rules as to whether a custody order is needed and what can happen if there is no custody order is imperative for parents who consider this path.

Understand the facts about custody without a custody order

There is no legal requirement to get a custody order. The parents can decide on their own where the child will live, what the parenting time arrangement will be and how minor and major decisions are made on the child’s behalf.

In many cases with no custody order, both parents share custody. For some, there is no problem with this type of agreement. They are on good terms, think about the child’s best interests and can discuss any complex aspect of the child’s care. Still, it can cause unexpected obstacles.

If, for example, the relationship takes a turn for the worse and they are suddenly at odds, then the lack of a custody order can be problematic. Disagreements can arise over any issue related to the child. This includes the type of education they receive, their religious upbringing, medical care that one parent might agree to with the other does not, extracurricular activities and a parent deciding to relocate. This should be factored in when deciding whether to have a custody order.

When making family law decisions, having advice can be helpful

For people who are considering moving forward without a custody order or are in a situation where they do not have a custody order and are now having disputes with the other parent, it is imperative to know the options. For family law disputes, specifically those involving children, it is vital to be protected and to have help to navigate the complex challenges that can arise without negatively impacting the child.