In what circumstance is a custody agreement valid with only one parent?

A custody agreement can be considered valid with only one parent when the other parent has absconded or cannot be located. This situation typically arises when one parent is not available to participate in the legal process or is actively evading legal responsibilities, which often leads to a presumption that they are not contesting the custody arrangements.

In such cases, the available parent can seek custody without having to negotiate with or receive consent from the absent parent, since their whereabouts are unknown or they have intentionally chosen to cut ties. Courts are generally willing to grant custody to the available parent under these circumstances because it is in the best interest of the child to have a stable and secure environment, even if one parent is missing from the situation.

The other scenarios do not support the validity of a custody agreement with just one parent in the same way. For instance, if the other parent is contesting custody or if the court finds both parents unfit, the legal dynamics change significantly. Additionally, if there is mutual agreement between parents regarding shared custody, both must be involved and present for the agreement to be valid, thus negating the situation of having just one parent’s custody arrangement recognized.