Is it a good idea to get child custodial agreements outside of court?

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Question:

Is it a good idea to get child custodial agreements outside of court?

Answer:

In almost every situation, it is far better to come to an out of court child custody agreement than it is to litigate child custody. Advantages of coming to an out of court custody agreement include:

  • Less expense. If you have to litigate the issue of custody in front of a judge, you'll likely have higher legal fees. You'll also have to pay court costs and may have to pay fees for expert witnesses who you call to testify on your behalf
  • More control. You and your spouse know your family best and you can come up with a plan that will actually work for you. For example, if you work most weekends, you may be able to incorporate more time for your spouse to have the kids on weekends
  • More amicable. Your kids don't need to see you fighting in court and getting angry. By working together to come to an agreement, your kids can see that you will still be making important parenting decisions together, which can give them a greater sense of stability

When working out a custody agreement out of court, you can and should still have a lawyer. Your lawyer can help make sure your rights are protected and can help facilitate the process of actually coming to an agreement.

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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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