Who Has Custody of a Child If There is No Court Order?
If there is no court order, a parent may still be able to agree on custody without having to go to court. This agreement becomes legally binding and enforceable. However, if a parent wants a court order, they must file their agreement with the clerk of the court. A judge will sign it, but this is not the only way to obtain a court order.
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Legal custody gives a parent the right to make important decisions
Legal custody refers to the right of a parent to make important decisions for a child – even if there is no court order granting the other parent custody. While physical custody deals with where the child lives, non-custodial parents may have visitation rights. Legal custody involves making important long-term decisions, including educational and medical care.
The court can grant joint custody when both parents share the authority to make decisions for the child. In joint custody, the parents share the decision-making rights and are required to communicate regularly with each other. Joint custody is separate from visitation and the child’s primary residence. In New York, courts use phrases such as primary placement, physical custody, and secondary placement when discussing custody. They can also establish visitation schedules.
Physical custody gives a parent the right to see a child
If you and your ex-spouse can’t agree on custody, physical custody gives a parent the right to see the child at any time. There is no court order stating that you must have physical custody, but you have the right to take physical possession of your child at any time. If you take the child without the other parent’s consent, you risk being held in contempt of court. In most cases, though, parents will attempt agreement before they file a custody case.
If there is joint physical custody, the children will live with both parents. If you and your ex don’t get along, shared physical custody may not be best for the children. You’ll have to agree on major decisions about your child, such as religious training and education. However, if you and your ex have strong chemistry, shared physical custody is a better option.
Visitation schedules can be agreed upon without a court order
A child visitation schedule is a major part of custody or both parents need to agreed to a visitation schedule and stick to it. This can prevent fighting and inconvenient situations. Courts usually do not stipulate the visitation schedule in a custody order, but they can make a few provisions to prevent problems. A visitation schedule can be very detailed and can include holidays, special occasions, vacations, and other things.
If parecane to agree on a parenting plan, there is no need for a court order. Parents can agree on a visitation schedule on their own, but they must have a written copy. Using a calendar is also beneficial, as it can make it easier to understand and follow. Holidays, if any, should supersede the regular schedule. If a parent cannot agree on a parenting plan, they can file a formal motion with the court to change the visitation schedule.
Suspension of legal custody if there is no court order
A parenrightghts to legal custody of a child can be suspended when certain circumstances occur. One of these circumstances could be being in jail, which means the parent does not have custody of the child. In some cases, a parent’s rights are merely suspended, and the child will still have parental rights. If that is the case, then the parent who is in jail may be granted temporary legal custody.
If a parent has been awarded temporary custody, but cannot be reached, the court may appoint a guardian to care for the child. In such a situation, the custodial parent cannot block the other parent’s parenting time on their own. This may be a violation of the court order. However, if the other parent fails to do so, then the court may still suspend the parenting time of the child.