If parents are asking the court to make child custody decisions, their plan showing how they are going share their parenting responsibilities has to be approved by a judge. However, whether or not the parents have to actually appear in court to get this depends on their situation.
If parents CAN AGREE on their child custody and visitation issues:
If parents can agree on their child custody and visitation issues, they can write out their agreement (called a “stipulation”) and ask the judge to sign it. If the judge decides that their agreement is reasonable and in the best interest of their child, the parents probably will not have to actually go to court to resolve that issue.
If parents CAN NOT AGREE on their child custody and visitation issues:
If the parents cannot agree on their child custody and visitation issues, they will have to go to court. Often, this will be part of a hearing related to another part of their family law case. Before they can see a judge about their child custody issues, they will have to go to mediation.
To learn about court-ordered mediation, click here.
