Should we go to court?
Even if both of you agree on who should have custody, you should get an order from the court on your agreement. An order signed by the judge will protect each parent's rights and will allow you to enforce the order. The order should clearly state which parent will have custody, what type of custody was agreed to and the visitation schedule. The parents, or their attorneys, should present the agreed order to the judge.
If you cannot reach an agreement on custody with your child's other parent, the only way to protect your rights as a parent is to go to Court.