The Advantage of Having A Custody Order
Not having a custody order creates the potential for chaos. Occasionally, a single parent will go years without filing a custody case, relying on the other parent’s cooperation or absence.
Sometimes those situations change. When there is no custody order both parents have equal standing in the eyes of the law in regards to the child’s custody. In those situations, there is no easy, immediate way to enforce the child’s return to the parent with whom the child has been residing when the other parent refuses to return the child at the end of an informally agreed visit. Law enforcement typically cannot and will not do anything without a court order.
With a written custody order, a typical parenting plan covers the schedule for the year, with all holidays and school vacations included. Overnights, time and place of pick up are usually specified. The place of exchange can also be listed if necessary (i.e. in a public place such as a grocery store, mini mart, or police station).
The same order can usually also cover child support, day care costs, health insurance, and the right to claim the child or children on a tax return. This will then be enforceable. Court orders can be enforced. This usually provides peace of mind for at least one of the child’s parents. For more advice or information, give us a call at (208) 667-8553.
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