Do I Need a Custody Order?

          A lot of people call me about child custody cases.  Some people are married to the other parent of the child in question, and looking for a divorce.  Other people have never been married to the other parent, but just want an idea about whether or not a court order about custody is really necessary.

          The question is easy for couples with children looking to divorce.  If you've got kids, you can't get a divorce without some language being included in the decree about how custody, visitation, and child support are going to be handled.  It simply can't happen without it.

          The question is a little more complicated for unmarried couples with children.  Many such couples haven't ever even lived together.  They may wonder if they need a court order to set up custody and visitation schedules if they've always been able to agree among themselves.

          "Need" may be a strong word, but such out-of-court agreements are only good while the couple gets along.  If mom gets mad at dad, or vise versa, then either one could decide they are no longer go to allow the other to see the child, and without a court order, there would be nothing the one parent could do to force the other to give the child back.

          Court ordered custody decrees provide the floor below which visitation cannot fall, and an enforcement mechanism, just in case one parent decides to "break the rules," as it were.

          If you're wondering whether you need a custody decree from a court, please contact JHD Law at (515) 875-4818, www.jhdlawfirm.com, via Twitter @jonahhammerdyer.