Tips for Making a Visitation Agreement | Allan Brandon Tise PLLC, Attorney at Law

websitebuilder • June 22, 2020

Tips for Making a Solid Visitation Agreement

Are you facing a divorce that involves a child custody? As part of the divorce proceedings, you and your soon-to-be ex-spouse may draft a visitation agreement or a parenting plan outlining the visitation guidelines for you, your child, and your co-parent. Follow these tips to create a visitation 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. A child custody attorney can help you cut through the jargon and identify the procedural issues that you need to address before making any major decisions.

Thanks to the lawyer’s knowledge of the child custody law, you can conveniently draw up a visitation agreement that is likely to be approved by the court. An experienced lawyer can also help you identify and stop any tactics that your ex or their lawyer may use to try to gain the upper hand over you.

Ensure the Agreement Is Detailed and Clear

The visitation agreement may be in place for a very long time. You should ensure it is clear and as detailed as possible to avoid confusion and disputes down the road.

If you do not understand a clause in the agreement, ask for clarification. This will ensure all the parties involved are on the same page and also help to protect your legal rights. Being detailed does not necessarily mean complicated. Strive to keep the agreement simple. Use plain English words that everyone can understand.

Build in Dispute Resolution

Regardless of how good a visitation 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 visitation agreement contains a section that details how visitation-related disputes will be resolved and how you will conduct schedule modifications. This language can help you avoid going through the nerve-wracking process all over again.

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 at all times. Focusing on the child's rights and interests can increase the likelihood of drafting a well-balanced and consistent visitation plan.

Embrace Flexibility

Emergencies and work-related issues can happen at the most unexpected time and they can interfere with the visitation 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 visitation schedule-related disputes in the future.

Make the Agreement Legally Binding

The visitation 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 visitation agreement, you and the other parent should take it to court as soon as possible for the judge’s 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 visitation and 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 visitation agreement or need legal advice on child custody or family law, don't hesitate to contact us. Our family attorneys are ready to help you and answer your questions.

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