Parenting Agreements Under Child Custody Laws
When parents separate or divorce, creating a parenting plan can help minimize conflict. This plan addresses each parent’s responsibilities, living arrangements, and decision-making authority. Physical custody schedules may provide for one parent having primary physical custody with visitation for the other parent, or a more balanced schedule that splits the child’s time between parents. Examples include alternating weeks or a rotation of a few days with each parent, allowing for shared custody. The plan typically includes details about day-to-day care, educational commitments, activities, and how the child will transition between homes.
Common Topics Covered in Parenting Agreements
Parenting agreements often outline the schedule for holidays, birthdays, and special events. They may also address:
- How the child is transported between parents’ homes
- How siblings maintain contact if they reside separately
- How a child stays in touch with each parent when not physically present
- How decisions regarding education, religion, extracurricular activities, and medical care will be made
Some agreements include provisions concerning parental travel, the introduction of new partners, and methods of communication between parents to prevent future misunderstandings.
Options for Reaching an Agreement
Parents can negotiate custody terms independently or with assistance from attorneys. Mediation, facilitated by a neutral third party, can help parents identify solutions tailored to the family’s needs. Collaborative law allows parents and attorneys to work cooperatively outside court to develop a final plan. These methods often reduce conflict and can save time and resources compared to traditional litigation. When the parents have reached an agreement, most courts require submission of the parenting plan for judicial review. Once approved and signed by a judge, the plan becomes an enforceable court order.
Resolving Conflicts Within the Agreement
Parents may still disagree over issues even when a detailed plan is in place. Many parenting agreements include provisions describing how disputes should be addressed, such as conferring directly or returning to mediation for minor conflicts. When serious disagreements arise that cannot be resolved privately, the court can be asked to clarify or enforce the existing order, always emphasizing the child’s best interests.
Reviewing and Updating the Parenting Agreement
As children grow, their needs, schedules, and circumstances evolve. Parents may revise parenting schedules to accommodate changing school events, extracurricular activities, or shifts in employment. If both parents agree on minor modifications, they can often informally implement changes without returning to court. However, if an alteration is significant, or if a parent wants to make sure that it’s legally enforceable, they should ask for formal approval from a judge. This usually requires showing a substantial change in circumstances and proving that the alteration is in the child’s best interests.
Enforcement of Parenting Agreements
If one parent fails to comply with a court-ordered parenting plan, such as withholding the child or consistently violating visitation terms, the other parent may file a motion to enforce the order. Courts may hold the noncompliant parent in contempt, which could result in fines, make-up visitation, or more serious penalties if the violations continue. Courts generally encourage direct communication and minor adjustments for day-to-day conflicts, but repeated or significant violations may require formal legal enforcement measures.
