1. Why would I need a child custody order?
This is one of the questions I get asked all the time by parents going through divorce: “Why do I
need a child custody order?”
The answer is, in a word, enforcement.
A court order, that is a document signed by a judge requiring certain behavior, is very different
from a private agreement. A court order has the authority of the state behind it. That means that
if a person doesn’t comply there are rules and procedures to obtain compliance that can range
from a simple admonishment to jail. So, if you have a court order for custody and let’s say it
compels a parent to do certain things and that parent does not… then the court can punish the
noncompliance.
Contrast the court order with a separation agreement. A separation agreement is a private
contract that spouses enter into to make arrangements on a wide range of issues, and often
includes agreements about custodial schedules and parenting. A separation agreement, just like
any other private contract, is enforced by filing a lawsuit for breach of that agreement or an
action to ask the court to compel compliance.
So, if you worry that the other parent will make things difficult for your custodial access, then
it’s easy to see what a court order related to the custodial schedule would be better.
North Carolina family law attorney Scott Allen has over seventeen years of divorce law
experience. If you have questions or need assistance call him at (919) 863-4183 or email at
sallen@allenspence.com.
2501 Blue Ridge Rd #250
Raleigh, NC 27607