What parental rights do I have if there is no court order?

On Behalf of | Jan 18, 2024 | Child Custody, Divorce

Having a court order to establish divorce-related decisions and rules can be helpful for you and your former spouse. However, it might not always be necessary under some circumstances involving child custody and visitation. If both parents have legal custody, they may not need a court order. Instead, the court expects them to collaborate, allowing them to fulfill their parental rights adequately.

Unfortunately, this setup is not for everyone. Since there are no rules to follow, there can be vagueness when determining which parent does what at specific schedules. If there is no court order, both parents retain the following rights:

  • Participating in the upbringing of the child, including moral, religious and basic needs
  • Providing childcare and other necessities
  • Having a say in the child’s arrangements, such as school and other essentials
  • Keeping the child from harm, such as violence and abuse
  • Making decisions involving the child
  • Disciplining the child

If you and your former spouse have a good relationship, you can efficiently allocate time and finalize details to help both parties exercise these rights. Other times, it can be challenging, especially if there is a severe conflict between parents, forcing them to compete and fight over the child. These scenarios can pose risks to the child, potentially warranting legal intervention.

Seeking legal remedies for the child’s safety

If there is reason to believe that the other parent can endanger the child, you can take measures to protect them legally. In these instances, seeking legal counsel can be beneficial in determining the best way to do so. The court may intervene if it is in the child’s best interests.

FindLaw Network