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Do Child Custody and Parenting Time Agreements Need to be Written to be Enforceable?

By Burke & Domercq, LLP of Burke & Domercq, LLP posted in Child Custody and Visitation on Thursday, November 9, 2017.

Do child custody and parenting time agreements need to be written in order to be enforceable in North County?  Oral agreements reached during negotiations between the parties in a North County or Carlsbad divorce are a great start.  However, oral agreements often lead to confusion and complex legal issues down the road.

The primary challenge with any oral agreement is providing evidence that the agreement actually exists.  The actions of the parties go a long way to helping to establish the fact such an agreement was reached.  However, if one of the parties chooses to challenge the nature or substance of the agreement at any point in the future a judge will have to resolve the dispute if other strategies such as mediation are unsuccessful.

This is why it is best to work with the proven, skilled divorce and family law attorneys at Burke & Domercq.  Our partners have represented clients before North County family law courts for decades.  We can help you to put an oral agreement into an enforceable contract or incorporate them into a written settlement agreement which can be approved by the court.

The cost of working through these issues up front pales in comparison to litigating them before the court at a later date.  If you want to ensure an oral child custody and parenting plan is enforceable now and in the future it is best to seek approval and orders from the Court.

We invite you to review the comments and recommendations of our clients and contact Burke & Domercq or call 760-712-3741 to schedule an appointment with one of our skilled attorneys.  We will work with you to answer your questions, put your agreements in writing and help to ensure your wishes become an enforceable reality.

Tags: child custody, divorce, family law, oral, parenting time, written

Related Posts: What If I Have to Move After a Divorce? Can I take the Kids?, What is a Parenting Plan in a Carlsbad Divorce?, What is Parental Alienation and How Can It Affect Child Custody, Parenting Plans for Children Over the Age of 5

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