Archive for the ‘Consent Judgments in Child Custody’ Category

Consent Judgments in Child Custody

Monday, May 22nd, 2017

One common misconception about family law in the state of Mississippi is the way that agreements regarding child custody operate. In cases involving child custody, consent judgments may be entered into by parties to best create a custody arrangement for that child.

A consent judgment is a contract of the parties entered upon the records of a court of competent jurisdiction with its sanction and approval. That consent must be present when any order is entered, and the order is considered void if either party withdraws that consent before the judgment is entered. If a party believes that the consent judgment is invalid, they bear the burden of proof in showing that invalidity to the court. Consent judgments allow parents in Mississippi to work out a custody schedule for their child with a lower level of confrontation, stress, and money than in litigation.

We understand that often parties will be tempted to not involve the court system in child custody matters, often to avoid involving the minor child in a lengthy and stressful process. However, as appealing this may seem in the beginning, it is not a good practice to follow. If one party refuses the other party time with the child, there is no court order that a party can seek to have enforced. This is the largest reason that consent judgments should be considered from the outset of a child custody matter. It protects the rights of parents to spend time with their minor children, and it can ease the hardship on the minor child when one parent attempts to have them “pick sides.”

Children are not goods; they cannot be bartered for, and their custody should be taken seriously by all parties involved. Consent judgments in cases involving child custody are often the preferred route for everyone involved, and if done properly they can minimize the stress that these cases have on the parents, the lawyers, and most importantly, the child or children. If you or anyone you know has a question about judgments involving child custody, please contact the Law Office of Matthew S. Poole at 601-573-7429.