QUESTION
If we come up with a custody agreement that we both agreed upon do we still have to go to court?
Asked on Dec 21st, 2013 on Child Custody - Arizona
More details to this question:
I have a 2-year-old son, his mother and I recently broke up and I moved to Nevada. If we come up with a custody agreement that we both agreed upon do we still have to go to court or can we just put the agreement in writing and sign it in front of a notary public? If we do that, is it just as enforceable as if we went to court?
7 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If you want it to be enforceable and be able to call the police if it is violated, you have to go to court. However, if you both agree, she can hire an attorney, start the action file the acceptance of service, then file a stipulation as to custody. The cost should be minimal, but the order will be enforceable.
Answered on Dec 27th, 2013 at 12:19 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is an indicia of your PRESENT agreement only, and subject to change. If you want it to be enforceable it will have to be a court order.
Answered on Dec 27th, 2013 at 12:19 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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Parents can agree on the terms of custody, visitation, and child support in fact that's the best way to avoid problems in the future. A consent judgment can be agreed to, but it would still need to be signed by a judge for it to be enforceable in the event of a future disagreement. But that can still be done without either of you going to court.
Answered on Dec 27th, 2013 at 12:19 PM
Bruce Provda
It would all depend on how the agreement is written. I have no idea about Nebraska, but in NY it might be good.
Answered on Dec 27th, 2013 at 12:19 PM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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The problem arises when one party violates the agreement. Then a court would have no jurisdiction since it was not a court order.
Answered on Dec 27th, 2013 at 12:19 PM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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The agreement is not enforceable as it is not a Court Order although it certainly would reflect the parties intentions at the time of its drafting. It is always best to file a Court Action and submit your agreement to the court to make it a court order that is enforceable.
Answered on Dec 27th, 2013 at 12:19 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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A child custody agreement that is not filed with the court, and put in the form of an order by the court will almost certainly not be enforcible.
Answered on Dec 27th, 2013 at 12:19 PM