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Do parents have to get a custody order after breaking up?

On Behalf of | Jun 2, 2021 | Family Law |

If you have kids and your relationship with their other parent is coming to an end in the near future, or you have already broken up, you have many legal issues to take into consideration. Many couples encounter financial and emotional challenges during the divorce process and you need to think about child support, whether you expect to pay or receive payments.

Moreover, child custody is a critical issue for parents after they split up and disputes over custody often become contentious. You need to take a look at child custody orders and understand how an order could affect your relationship with your children.

Do all parents need custody orders?

According to the North Carolina Judicial Branch, child custody orders are not mandatory in the event that a couple with children breaks up. Moreover, adults who are not the parent of a child can provide temporary care without an order if both parents agree. That said, if parents cannot reach agreement on child care issues after splitting up, they can obtain a custody order.

What happens if parents do not have a custody order?

If you do not have a custody order after breaking up with your child’s other parent, you need to realize that both legal parents have equal rights with respect to custody. Moreover, non-parents have limited rights in the absence of a custody order.

Sometimes, parents obtain a custody order to protect the best interests of their children. It is important to evaluate your circumstances on an individualized basis, review potential custody outcomes and find answers to any questions you have.