IF PARENTS OF A CHILD REACH AN AGREEMENT, DO WE STILL HAVE TO GO TO COURT?

My child’s mother and I are both listed on our daughter’s birth certificate. She wants me to have full custody. Since we agree do we still need to go to Court?

ANSWER

Yes, you need a court order for custody. Without a court order you will not have the rights you want. If she is truly okay with you having custody, then you both can go to the courthouse and ask the Clerk for the proper paperwork and you can each file asking for a Consent Custody Order.
Still you should expect a Judge to ask you to appear for a brief hearing just to make sure that the agreement is valid and the custody arrangement is in the child’s best interests. You should also expect the Judge to order the non-custodial parent to pay child support because you cannot waive that requirement — that is where most agreements fall apart.