When it comes to child custody arrangements in North Carolina, parents have the option to either work out an agreement on their own or have the court decide on how custody will be divided. There are advantages and disadvantages to each approach, and it’s important for parents to carefully consider their options before making a decision. In this article, we will discuss the pros and cons of DIY child custody agreements in North Carolina.
What is a DIY Child Custody Agreement?
A DIY child custody agreement, also known as a parenting agreement or a custody agreement, is a written agreement between parents that outlines the terms of custody and visitation for their child. The agreement can be drafted by the parents themselves or with the help of a mediator. Once both parties have agreed to the terms, the agreement is submitted to the court for approval and becomes legally binding.
Pros of DIY Child Custody Agreements
More Privacy and Control
One of the biggest advantages of a DIY child custody agreement is that it allows parents to maintain more control over the process and keep their private matters out of the court system. Negotiating an agreement outside of court can help reduce conflict and create a more peaceful transition for the child.
Flexibility
A DIY child custody agreement can be tailored to meet the specific needs of the parents and child. It allows for a more flexible and customized arrangement that may not be achievable through a court order. Parents can create a parenting plan that is unique to their situation and works best for their family.
Cost Effective
Working out a custody agreement on your own can be more cost-effective than going through the court system. Court appearances, attorney fees, and other associated costs can add up quickly, whereas creating a DIY agreement can save parents time and money.
Faster Resolution
Going through the court system can be a lengthy process. A DIY child custody agreement can provide a quicker resolution to custody issues, allowing both parents and the child to move forward with their lives.
Cons of DIY Child Custody Agreements
Lack of Legal Knowledge
One of the main disadvantages of a DIY child custody agreement is the lack of legal knowledge and expertise that both parties possess. This can increase the likelihood of making mistakes or overlooking important details that would have been caught by an attorney.
Limited Enforcement
A DIY agreement may not be as enforceable as a court order. If one parent does not comply with the agreement, the other parent may have few options to enforce it other than going to court. This can be a significant disadvantage if one of the parents does not follow the agreement or violates its terms.
Risk of Imbalanced Agreement
During the negotiation process, one parent may be more assertive or have higher negotiating skills, which may result in an imbalanced agreement that does not fully consider the child’s needs or the other parent’s wishes.
Inability to Modify
While a DIY child custody agreement can be revised at any time, it may be more difficult to change than a court order. If both parents cannot agree on a modification, there may be little recourse for either party, and the child may suffer from a lack of consistency in the arrangement.
Final Thoughts
Ultimately, the decision to pursue a DIY child custody agreement should be made with care. It is important for parents to educate themselves about the relevant family law and custody guidelines in North Carolina so that they can create a solid agreement that works best for their family. While there are advantages to a DIY agreement, it may not always be the best solution for every situation. It is always best to consult with a family law attorney to discuss all legal options before making a final decision.