Is a Custody Lawyer Really Necessary if There Isn’t a Divorce?

by | Oct 27, 2015 | Lawyers

When a couple decides to separate and they have a child in common, there might be a question as to whether each of them needs to hire a custody lawyer. While it’s not strictly necessary, it’s often a really good idea. There may be concerns in the future they will need to deal with and having a legal document that details the custody can be essential.

If there is no custody agreement in place, it’s assumed that both parents are allowed to have the child. If one parent takes the child for visitation and doesn’t return them to the other parent, the officers called will not likely make the child go back to the other parent. If the officers do not have access to a legal document saying one parent is supposed to have the child at a specific time so either parent is legally able to have the child. This could be a concern if one parent wants to take the child and move to another state because there is no legal document saying they cannot do that.

A child custody agreement can be done without a lawyer, but it’s a good idea to have a lawyer look over the agreement to ensure it’s legally binding and to assure it’s approved by the court. The document should contain any information about who has legal and medical custody, if one parent is required to pay support and how much they are required to pay, and the visitation that is agreed on. This can be negotiated without going through the courts, although it may go in front of a judge if the two parents cannot come to an agreement. This entire process is completely separate from a divorce hearing and can be done by a couple that was never married and is separating.

Child custody regulations are put in place to protect the child and to ensure the parents have an agreement showing who is supposed to have custody or visitation at a certain time. It’s not strictly necessary to hire a custody lawyer, but doing so could prevent a wide variety of issues that could occur and be helpful if it needs to be adjusted in the future. For more information, visit today.

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