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?
Should the parents or others involved in a custody battle (and their attorneys) negotiate to resolve all matters associated to child custody and visitation, either privately or through out-of-court methods such as collaborative law or mediation, the parents decisions are concluded at length in a written agreement. This agreement may be known to as a “settlement agreement” in some states, whereas in others the documentation may be known as a “parenting agreement” or “custody agreement.”
What Should the Agreement Encompass?
Even though one should bear in mind that such agreements are going to vary greatly by case they usually cover the key areas impacting the parents’ children, like:
- Where the child is going to live (referred to as physical custody);
- Schedules for visitation
- Who is going to be involved in significant decisions associated to the child’s raising and well-being (referred to as legal custody);
- With whom the child is going to spend major holidays, birthdays, and vacations (comprising schedules);
- How to manage visitation with grandparents, family friends, and other 3rd parties; and
- How disputes and modifications to the agreement are going to be managed.
A lot of states have particular requirements for things that need to be addressed through parenting agreements. Bear in mind that the above are just some of the more general and important matters dealt with by parents that are separating. Parents can tailor an agreement in a myriad of ways to their and their children’s particular needs.
Parenting Agreements and Court Approval
The agreement is typically presented to a judge for final acceptance. When the custody agreement is a portion of the spouses divorce, it will be filed in the court in the district/ county division of state court in which the petition for divorce was filed. An informal court hearing might follow, throughout which the judge might ask some simple factual questions, including if those involved understands and chose to willingly sign the agreement.
Provided that the judge is satisfied that the agreement was justly negotiated, adheres with any statutory requirements, and was made with the child best interests in mind, the agreement is going to almost always receive approval from the court.
Court-Approved Parenting Agreement Violation
In a lot of states, the agreement then turns into a binding court order, imposing the parents’ (or other parties’) rights and responsibilities under the agreement. The parties of the agreement are required stick to it, or they could face legal repercussions. For instance, if it’s been turned into a court order, and the agreement is violated by a father that continually fails to return his daughter on time following weekend visits, the mother could go to court to impose the agreement and resolve the issue.
Get Legal Assistance Creating a Parenting Agreement
With a parenting agreement it can save you a lot of time, money, and stress throughout divorce process. Nevertheless, it isn’t always easy for divorcing spouses to talk to each other, let alone reach an agreement. That is why family law attorneys can make a huge difference as they have experience acquiring agreements even in the most oppositional separations. Get assistance today and locate a knowledgeable family law attorney near you.
Source:
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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
Speak With Our Child Custody Attorney In Scottsdale
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An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients, so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation.
