The Benefits of Establishing Custody Through the Courts

Child custody is a very tricky thing and is something that you might not bee able to fully comprehend or understand very easily. While it might seem like a great idea to just get along and arrange your own custody schedule, this could end up being one of the worst ideas that you have ever had. This is because there are many things that you can not do on your own and you could be giving up your legal rights and agreeing to something that you would not otherwise have to agree to.

Why Is Child Custody So Tough?

There are many reasons that child custody is very tough. The first thing that you need to do is make sure that you are setting your emotions aside. The biggest mistake that people make is that they end up being far too emotional when it comes to custody. This is something that can be overwhelming for parents because when it comes to our children most of us are really emotional.

Benefits of Filling Custody in Court

There are many different benefits of being able to file custody in court. This is why it is recommended that you go to court for a custody hearing rather than trying to hash things out on your own. Both parents’ rights are looked at when you are in court. This is really important so that one parent does not later come back and say that they do not know what they are doing.

1. Peace of Mind – One of the biggest things that happens when you file custody in court is that you have peace of mind. This is really beneficial when you are dealing with your child. It can help you to set aside differences with the other parent which in turn can be a lot better for the parents. This is something that can really work out better for the child because the parents are going to be less likely to fight over the custody issues.

2. Less Likely to Have Your Child Move Out of State – Usually on of the biggest concerns that parents have when going through a divorce is being able to be near their children. With the right custody agreement you can make sure that your ex has to stay in the state with your child. Now this does not mean that this can not be modified, but it does ensure that they will have to take you back to court before they can move.

3. Contempt Charges if the Order is Not Followed – If your ex decides that you no longer need to see your child and there is no custody order, you would have to go to court to get a custody order before you could see your child. If you have a custody agreement and they decide to keep your child from you, then they would be in contempt of this order. Now, you should know that this type of contempt is not criminal but civil. This means that the police are not going to do anything and that they will not get your child for you. However you can go back to court and in some cases custody will be modified. In other cases you might just get to make up visitations on a new schedule. Still with others there could be other punishments including fines and/or jail time. Without a custody order none of these punishments would apply.

While getting a custody order set up in the courts might seem extreme when you are getting along, it is actually something that you can do to protect all parties (including your child) involved. Not getting a custody order set up in the courts could result in a lot of pain and heartache in the future. Having a solid custody order in place also mean that you can modify your exiting court order if things change. That way, you can notify the courts of any significant change in circumstances.

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