Do we need to go to court if we agree about child custody?

December 15, 2023

If you and your ex can reach an agreement regarding custody and parenting time, you legally do not need to involve the court with your family’s custody arrangement. However, if you and your ex can reach a child custody settlement, it may be advisable to file your agreement with the court to turn it into an enforceable court order. Without a court order, either you or your ex may choose to stop following your custody agreement at any time. However, with a court order, if your ex refuses to follow the agreement you both reached, you can file a motion with the court to enforce the order, which may allow you to obtain relief such as reimbursement of your legal fees or makeup parenting time.

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