Custody Agreements

What are child custody agreements?

If the parents or any other parties in a custody dispute negotiate and resolve all issues related to child custody and visitation, whether informally or through out-of-court processes (like mediation or collaborative law), the couple’s decisions are finalized in a written agreement. This is called a child custody agreement. Child custody agreements (also known as “parenting agreements” in some states) are legal agreements regarding child custody facts. These facts include who will get physical and legal custody of the child after the divorce or an extended period of separation. Parents are the ones most likely to be named in child custody agreements. However, grandparents or other guardians have the right to seek child custody under certain circumstances. These circumstances are defined by the laws of the state/country in which the agreement is signed. In the child custody agreement, legal custody refers to the parent who has the right and the responsibility of making any major decisions that can and will affect the child’s life. Among these decisions are education, health care, child care, religion, and any other decisions which affect the child’s welfare. These decisions are included under the duties and rights of legal custody. Physical custody section of child custody agreements refers to parent the child will live with and also spend their time with.

Working Together to Resolve Custody

Child custody can be resolved in three ways. The first and most used is informal negotiations between the parents or other parties (usually with attorneys). Second is the use of out-of-court alternative dispute resolution (ADR) proceedings. These proceedings try to facilitate a voluntary settlement between the two involved parts. The last way and also the last resort is the traditional court setting, where a family court judge takes the final decisions for the parents. Always try to resolve the child custody by coming to an agreement with the other parent through an informal negotiation. This avoids getting you to family court judge and greatly reduces the stress of the child. The majority of custody cases are resolved before issues must go before a family court judge. When the two parents simply can’t get to an agreement the case will be resolved by a court which will take the best decisions for the welfare of the child.
Judges today will often order a child custody evaluation by experts. The evaluation can be in the field of child psychiatry, psychology, mental health, or all three. The experts evaluate the activities of each parent, especially those related to the child and the parent-child relationship. After evaluation, the expert comes with some recommendations that can establish a base for a custody agreement. However, the evaluator’s recommendations can be rejected by the two parties, thus letting the judge have the final say.

When can I make child custody agreements?

Child custody agreements can be made when parents are going through the divorce process. At this stage, they have the right, and are advised, to develop such agreements. The development of the agreements can be made independently or with the help of a professional mediator. The mediator can be a privately hired or a court appointed family law professional who facilitates negotiations of the child custody agreements between the parents without having to go to court. If the two parents develop mutually acceptable child custody agreements, the court may honor this arrangement. However, the acceptance of the agreements, even if signed and agreed by both parents, remains at the courts grace. The court will only approve child custody agreements if they are made in the best interests of the childand for their wellbeing. Always remember that the judge has the final discretion over the approval of child custody agreements, even if the two parents agree on the child custody agreement.
If two parents are unable to agree to the terms of child custody agreements, the court will intercede and will determine who will receive legal and physical custody of the children. Please note that the court has the right to develop custody agreements that meet the child’s needs and best interests. In case the court determines that joint custody would best for the child’s welfare, the judge will develop a child visitation schedule. This schedule clearly states the child visitation rights for the non-custodial parent.
The parenting agreement is usually shown to a judge for final approval. After the approval, the parties in the agreement must adhere to it, or will face legal consequences. Note that child custody agreements are never permanent and can be changed by the court for a valid reason.