Custody orders can be advantageous to the parent who needs clear and concise proof of a child’s primary residence. The order can establish boundaries for a parent who refuses to return the child on time or desires to move out of state with the child.
Custody orders may be disadvantageous for a parent who desires as little contact as possible between the child and the other parent. Because a judge will take into consideration the option of joint custody, the possibility of both parents being granted equal access and time with the child may occur. This can be difficult for the parent who does not want to split holidays and summer vacations with the other parent.
Not having a custody order established can have its benefits and shortcomings as well. Parents who can come to a mutual agreement on custody and an understanding as to how they will handle issues involving the child can enjoy time with their child without the additional legal fees and court time. Other times, not having a child custody order in place can cause undue stress when the child is not returned on time or at all, and the parent keeping the child faces no repercussions.
If a child has not shown up at the scheduled return date and time after visitation with the other parent, there are a few legal options that an attorney may be able to provide. If a custody order exists, an attorney might be able to bring the matter back to the court to show that the other parent is in contempt of a court order. If a custody order does not exist, an attorney may help file the appropriate paperwork with a court to establish custody.
Source: Women’s Law, “What are some advantages and disadvantages for getting a custody order?“, December 31, 2014
