Family Matters.
When It Really Matters.

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

On Behalf of | Mar 17, 2020 | Child Custody and Visitation

Do child custody and parenting time agreements need to be written in order to be enforceable in a Carlsbad or North County divorce? 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 Certified Family Law Specialists at Burke & Domercq. Our attorneys have represented clients before Carlsbad family law courts for decades.

We can help you to put an oral agreement regarding child custody and parenting time agreements 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.

Generally speaking child custody and parenting time agreements need to be written in order to be practically enforceable.  We invite you to review the comments and recommendations of our clients and contact Burke & Domercq or call 760-389-3927 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.