Most child custody cases can be resolved prior to a case needing to go to court. This can happen because of informal negotiations among the parents or others involved (and their lawyers) or through optional dispute resolution techniques such as collaborative law or mediation. The following is a post concerning parenting agreements and court authorization of similarly in child custody cases.
What’s a Parenting Agreement?
When parents, along with their attorneys, settle child custody matters privately or through methods like mediation or collaborative law, the decisions are documented in a written agreement. This may be called a “settlement agreement” or “parenting agreement” depending on the state.
What Should the Agreement Encompass?
Parenting agreements vary by case but generally cover key areas:
- Physical Custody: Where the child will live.
- Visitation Schedules: Structuring visitation times.
- Legal Custody: Decision-making authority.
- Holiday, Birthday, Vacation Plans: Detailed schedules.
- Visitation with Others: Managing time with grandparents and others.
- Dispute Resolution: Procedures for conflicts and modifications.
States have specific requirements, allowing customization based on individual needs.
Parenting Agreements and Court Approval
The court typically reviews and approves the custody agreement filed in the court where the divorce petition began. A brief court hearing may follow, ensuring legal compliance and the child’s best interests. If satisfied, the judge approves the agreement.
Court-Approved Parenting Agreement Violation
In numerous states, the agreement transforms into a court order, binding the parties to specific rights and duties. Violating the agreement may result in legal consequences. If a father consistently doesn’t return his daughter promptly after weekend visits, the mother can go to court for intervention to enforce the agreement and address the issue.
Get Legal Assistance Creating a Parenting Agreement
This agreement streamlines divorce but might not eliminate communication hurdles. Family law attorneys offer expertise for smoother separations. Get assistance today.
Source:
-
Staff, F. L. (2021, December 7). The Parenting Agreement. Findlaw. Retrieved October 17, 2022, from https://www.findlaw.com/family/child-custody/the-result-the-parenting-agreement.html