What is a Child Custody Agreement?

Families that have everything planned out for them and are living the good life with their kids together under one roof feel that they may never need to learn about custody agreements and visitation schedules. But the issue is that these divorce is real and can happen to your family.

One thing spouses always need to know when getting into any commitment, especially marriage, is that anything can happen. Two partners will either stay together and happily, or things might go south and end in divorce. In most cases, children are involved.

When children are involved, one partner is going to have primary custody of them, and the other parent will have scheduled visitation rights or even have the children visit from time to time depending on the relationship of the partners after the separation.

In situations that involve mental health and or domestic violence, however, this status doesn’t apply. In general, if the spouse who doesn’t have custody over the children is reasonable, of sound mind, and is actively involved in their children’s lives, then the separated parties can come together and have a child custody agreement.

Reaching an agreement with the other partner can help you gain some form of control over the whole process. The best first step here is to prepare a visitation schedule. This will definitely help the two of you to build a healthy co-parenting relationship and allow your children to still be part of both of your lives without much stress from either of the separated spouses.

Most people usually think that having a judge decide your case is always the best option. But it isn’t. in fact, litigation needs to be your backup plan only if agreements between you and your separated partner isn’t possible. Courts can end up damaging any chance of having a good co-parenting relationship as revelations and tempers can end up flying back and forth.

Child Custody Agreement

There are three terms in a custody agreement: legal custody, visitation schedule, and physical custody. The agreement of any situation here needs to be in writing and filed by the court so as to ensure that the court order is enforced. In most situations, signatures are needed to make the agreements notarized.

Legal Custody

This has to do with the parent who will be making all of the parenting decisions on matters relating to the children’s health, welfare, and education. A joint legal custody can also be agreed upon which allows both parents to have equal rights to make such decisions about their children.

Physical Custody

This type of custody deals more with which household the children are going to primarily live in. Joint physical custody can also be agreed upon in situations where both parents will be having equal times with the kids in their homes. But in cases where the children only live with one parent and only visit the other occasionally, it is referred to as sole physical custody.

Visitation

In some situations, a visitation plan may need to be generated and agreed upon by both parents. Visitations can be every day, holidays, vacations, special days, etc. It is also important to note that each of these categories is considered separate even though they relate to one another.

Do you have a question child custody agreements? Click here to contact Von Esch Law today!

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