It is not necessary that the divorce case needs to be controversial and full of emotions. Sometimes, both the partners can meet in a peaceful manner with their respective attorneys and divide their essentials fairly and hence part way happily. In some cases, children are involved, but in that case too, a mutual agreement can be reached if the parties are willing to handle the situation maturely. The custody issue can also be resolved by discussions and meetings. But in such cases the documents are needed to be complete and on time otherwise an easy going case might convert to a custody battle.
If both the parents agree upon the needs and requirements of the child and they also listen to each other’s views, then an agreement can be reached between the two regarding the custody issue. In such situation you will see that the parents doesn’t need a Domestic Relations District Court or a law attorney. Like both the parents can agree upon the settlement that full custody will be in the hands of the mother and the father can take the child to a picnic or to stay with him over the weekends. The father also has to pay some expenses for the child and will support the mother financially.
But you might be thinking what will happen if there is a change in circumstances?…like, the father is not able to pay the child support payments due to some financial crisis?..or the mother is taking her child for a trip over the weekend, which was the meeting time for the father?…If there is no court order involved in the case, then anything can happen and if there is no legal child custody agreement, then any of the parent can deny the other or refuse visitation. The case may get worse if one of the parents take the child out of the country.
A child custody agreement is a very crucial thing and it is drafted by an experienced and an expert attorney by the court. It also helps in accomplishing a lot of things like, it will define the roles of both the parents. It will allow the parties to use their respective parental rights appropriately. It will assure both parents that the support payments will be received on time and the visitation is guaranteed. This will also make the parent remain in the specific area according to the custody agreement.
Any of the parent can ask for modification in the current agreement related to child custody.