Child custody refers to the custody or guardianship of a child which is granted to the parent by the court. It describes the legal relationship and decision-making right between parent and child.
In general, the agreements for child custody need to get approval from the judge to make it legal and enforceable under state laws. However, every child custody agreement doesn’t require a judge to work in a courtroom by a judge.
Now, you may be wondering, how can I get custody of my child without going to court? Well, this guide will help you find the answer.
Do You Have to Go to Court to Determine Child Custody?
Child custody is a part of a family law case. This looks out for the child’s best interest to decide to whom the custody will go and how much time each parent will get to spend with the child.
But, to get custody, does it require you to go to court? Well, if parents can mutually take the decision about child custody, and especially the decision is in your child’s best interest, you can avoid the courtroom battle. Still, you will need to present the documents or agreements to the local court for a judge’s approval.
In contrast, if you can’t find any solution and agreement with the other parent, then you must go to court.
Do I Need an Attorney for Help with Child Custody Matters?
Child custody is a serious issue that gives parents legal responsibility and decision-making power to the parents. Therefore, before signing a child custody agreement, it is essential for you to consult a skilled and knowledgeable child custody lawyer.
A child custody attorney can make sure that the custody agreement follows your state’s laws. Also, they will help you to create the agreement considering the child’s best interest as well as your. For example, if you are from Dublin, you can get family law solicitors Dublin free consultation to get the best advice for your child’s custody.
How Can I Get Custody of My Child Without Going to Court?
Many parents find it expensive, stressful, and hazardous to go to court for the child’s custody. Well, the best part is, you can get full custody without going to court.
You can settle custody and visitation terms through mediation. It allows making the agreements, drafting them outside the court, and then submitting the agreement to the judge to get the approval.
In the Mediation process, a neutral third party (known as a mediator) communicates between two conflicting parties. Usually, these mediators help the parents to come to an agreement regarding their children’s custody and guardianship plan by working between the two parents as well as their lawyers.
It must be noted that there is no binding power in what the mediator says or does. The agreement will be effective only if both parties agree and sign the agreement.
In addition, it requires getting the approval of the agreement from the court. Generally, the court will accept the agreement if both parties agree on all the terms of the written agreement. So, if you want to settle the child custody case and visitation terms outside the court, you can consider the mediation process.
You just need to schedule a mediation session, set some sensible goals, and make sure to gather evidence to support those goals. To be eligible for mediation, the respondent spouse cannot conflict over or disagree on the terms of the divorce application.
What Are the Requirements for Child Custody?
If you are thinking about your child’s custody, you must follow the law. That means you must have some sort of documentation.
- Custody Order: The first thing that you will need is a custody order from the court; only then you can think about transferring or getting the child’s custody.
- Set Sensible Goals: Once you hire a mediator, the first thing you need to focus on is setting sensible goals. In this stage, you need to think about all the exact custody terms and list out all the nonnegotiable and trivial preferences.
- Gather and Prepare Evidence: After that, you should move forward to gather and prepare the evidence that will support your goals. You need to remember that any claim that you are going to make in mediation should be backed by solid proof.
- A Formal Agreement: To process the custody properly and avoid any further complications, you must draw up an agreement between you and the opposite party. Then, you should present the agreement to the local court for the judge’s approval.
At the time of writing the agreement, make sure that it is clear and includes provisions for legal and physical custody of the child. Apart from that, it should include arrangements for inspection and child support.
The agreement must make important points in writing and include the names of both parents, guardians, the child’s name, and date of birth. Then make sure you sign the contract in front of the notary public before submitting it to the court.
Conclusion
It totally depends on the mutual understanding of both the parties whether you need a lawyer for child custody or go to court or not. If both the parents can work out the parenting plan and visitation plans on their own and agree on the agreements, you can settle down the case without even going to court.
In this guide, we have shared how can I get custody of my child without going to court. Hopefully, it will help you in your case.