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Tips for Making a Custody Agreement | Allan Brandon Tise PLLC, Attorney at Law
websitebuilder • May 22, 2020
Are you facing a divorce that involves a child? As part of the divorce proceedings, you and your soon-to-be ex-spouse may be required to consider a visitation agreement, custody agreement or a parenting plan outlining the custody guidelines for you, your child, and your co-parent. Follow these tips to create a custody agreement that is not only thorough and enforceable but also works with everyone's schedule.
Involve a Child Custody Attorney
Child custody and visitation negotiations involve many legal complexities. You should consult a child custody attorney to help you identify the procedural issues that you need to address before making any major decisions.
With an experienced lawyer’s knowledge of the child custody law, you can conveniently draw up a custody agreement that is likely to be approved by the court. An experienced lawyer will also help you identify and stop any tactics that your ex or their lawyer may use to try to gain advantage over you.
Ensure the Agreement Is Detailed and Clear
Your custody order may last until your child is 18. You should, therefore, ensure it is clear and as detailed as possible to avoid confusion and disputes down the road.
If you don't understand a clause in the agreement, don't hesitate to ask for clarification. This will ensure all the parties involved are on the same page and also help to protect your legal rights. Strive to keep the agreement simple but thorough.
Build in Dispute Resolution
Regardless of how good a custody agreement is, there may come a time when you and your ex may disagree over the visitation schedule or guidelines.
You should make sure that the custody agreement contains a section that details how custody-related disputes will be solved and how you'll conduct schedule modifications. This clause can help you avoid going through a hearing.
Focus on the Child's Best Interests
Your and your ex's interests are important, but so are the interests of your child. Both of you should try to focus on the child's best interests as much as possible. Focusing on the child's rights and interests can increase the likelihood of drafting a well-balanced and consistent custody plan with fewer compromises.
Explain the Reasoning Behind the Visitation Decisions
You and your co-parent should include the reasoning behind the decisions contained in the custody agreement. This can help you and your ex to convince the court or court representative to approve the custody agreement.
Embrace Flexibility
Emergencies and work-related issues can happen at the most unexpected time, and they can interfere with the custody schedule. When drafting the plan, ensure the guidelines allow you and your ex-partner some degree of flexibility. This can go a long way towards preventing custody schedule-related disputes.
Make the Agreement Legally Binding
The custody plan that you and your co-parent make will not be legally binding unless it is approved by a court or the court’s representative. After drafting and signing the custody agreement, it should be taken to court as soon as possible for signature and filing.
If the agreement is fair and takes care of your child's rights and interests, the judge or court representative will approve it and make it legally enforceable. Making the plan legally binding right away ensures everyone involved sticks to the set schedule and guidelines.
These tips can help you and your soon-to-be-ex-spouse draw up a custody plan that is consistent, well-balanced, and flexible. Be sure to keep them in mind. If you need more specific information about creating a custody agreement or need legal advice on child custody or family law, don't hesitate to contact us. We are ready to help you and answer your questions.
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Phone: 910-251-9614 | Email: brandon@tisefamilylaw.com | Address: 130 N Front St., Suite 201 Wilmington, NC 28401
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