Can parents in California create their own custody and visitation agreement?

Generally, parents in California are permitted to create and follow their own custody and visitation agreements without having to go through the courts. However, there are a few things parents should be mindful of when choosing to do this. When two parents decide to come to an agreement regarding custody, they should put the terms into writing so that each parent is aware of what they are agreeing to.

Once a custody agreement has been created, both parents should be prepared to follow it. In the event one parent decides at some point that they no longer want to abide by the terms of the agreement, there is nothing the court can do in terms of enforcing it. When a separated couple creates their own agreement, they are only bound by the terms to a certain extent. The fact is, unless that custody agreement is brought to a judge who can turn it into a court order, there isn’t much the court will do to help the party who is following the terms of the agreement.

Turning a Custody Agreement into a Court Order

In the event one or both parties find it difficult to follow the custody agreement they created together, one party can bring their agreement to a judge and request that it be turned into a court order [Source: California Courts]. Before a judge approves the change, he/she will likely review to ensure it is in the best interest of the child. Once a custody agreement has been successfully changed into a court order, that is when the court can step in and enforce it, if need be.

When Two Parents Cannot Come to Terms on a Custody Agreement

Although parents are encouraged to work together to create a custody agreement that supports a healthy relationship with their child and meets his/her needs, a judge may decide to send the two parties to mediation. If an agreement still cannot be reached during mediation, the judge will then create a custody and visitation schedule. When a judge is assigned to create a custody schedule, the California Courts says he/she will take into account the following:

• How old the child is.
• The health of the child.
• The “emotional ties between the parents and the child.
• Each parents’ ability to care for their child.
• Whether there is any history of family violence or substance abuse.
• The “child’s ties to school, home, and his or her community.”

Whether two parties are prepared to create their own custody agreement or are unable to come to termswith how they want to divide their time with their child, they should speak with a California child custody lawyer. A child custody attorney can help parents who are in either situation work out the terms so that an agreement can be reached so that a judge doesn’t have to make the decision for them. To find a CA custody lawyer in Los Angeles, San Diego, San Jose, or any other city in California, contact USAttorneys.com for help.