What happens if there is no custody agreement?
Sometimes the parents of a child will split up but never go through a divorce or determine a custody agreement. While it may seem okay at the time, it generally ends up in a messy legal battle and the child may have restricted access to one of his or her parents. There are a number of complications that can arise when no official agreement has been made and in the long run it can ruin the relationship between the child and one of their parents.
When there has not been a custody agreement put in place, both parents have full rights to see the child. However, one parent may have gone out of state and taken the child with them, which causes issues. Since there is no legally binding contract put in place to resolve these issues, it is up to one of the parents to make a request that would start the process of creating a custody agreement. You may be able to do this by attending mediation sessions with the other parent to determine who should have custody. In the event that both parents are in a disagreement with seemingly no resolution, the issue may be have to taken into court for a judge to decide.
If you and the parent of your child do not have a custody agreement put in place, you should speak with an experienced family law mediator to assist you in coming to a conclusion. Each situation is different so in order to come to a definitive resolution, you should have a consultation.
Judith Goldberg is an experienced Boca Raton mediator serving Palm Beach and Broward County, Florida. If you need a compassionate mediator to guide you through your family law matter, contact our Boca Raton office for a free consultation.