The process for creating the custody agreement can seem overwhelming and difficult as parents begin. However, if the mother and father can find a good model to base their agreement on, they will have an easier time creating the agreement. A good model guides the parents step-by-step through each component of the agreement and the mother and father end up with a document that meets the needs of the children.
A Custody Agreement Model
Here is a model for divorced and separated parents to follow as they make their agreement. If parents follow this model, they will have a thorough custody agreement that they can use until their child is an adult. The steps for this model include making a child and visitation schedule, adding provisions, and using the documents from the agreement to work with the other parent or get an agreement accepted by court.
Before looking at each step, it is important to understand the role that the agreement plays in the custody situation. The agreement should contain all of the information about how the parents plan to continue caring for the child when they are no longer living together. The parents present their child custody agreement to the court, and a judge determines if the court accepts it. This is because the state where the parents reside want to know how the children will be taken care of after the parents divorce.
The Custody and Visitation Schedule
The custody and visitation schedule is the biggest part of the agreement. This schedule fulfills the requirement that parents have about including information about physical custody in their agreement. Physical custody refers to the where the child physically is for every day of the year. A schedule is the best way to describe the location of the child.
The foundation of the custody schedule is the repeating cycle. The repeating cycle is the basic schedule of custody and visitation that extends throughout the year. Parents should first come up with a repeating cycle of custody and visitation. They can make any type of schedule that works for their situation and their child.
The next layer is the holiday schedule. To make the holiday schedule, the mother and father should write out a list of the holidays they want to include. These can be the holidays the family typically celebrates along with school or religious holidays. Once the list is made, the parents should decide the times the holidays start and end. Then the parents can divide the holidays between them. The mother and father should have equal holiday time.
Along with holidays, parents can include vacation time and special events in their schedule. Vacation time can be specified with exact dates, or parents can include a clause in their agreement that states that each parent can take the children on vacation for so many days of the year. Special events are days when the normal custody changes, and parents can add these as they find out about them.
Provisions and Stipulations in the Custody Agreement
The next part of the custody agreement is custody provisions and stipulations. These are the rules that the parents want to follow that they put in the agreement. This is the place where parents can spell out how they will share and divide legal custody and decision making for the child. Legal custody is the responsibility that the mother and father have to make decisions for the child. These include decisions about health care, education, religion, getting a driver's license, etc.
Provisions and stipulations that help the arrangements run better are especially useful. Many parents include a stipulation about how changes can be made to the custody schedule, how the parents will resolve conflicts, how the parents will handle transportation to visitation, etc. To come up with provisions, the parents should think about the areas where they usually have conflict. Then they should see if they can create a rule that helps alleviate the conflict.
Documents from the Custody Agreement
The documents from the custody agreement can serve many purposes. The main documents that parents should have include a copy of the custody schedule (in written and in calendar form) and a list of the included provisions (including information about legal custody). These documents can be used as the parents communicate ideas with each other, to prepare for mediation or court, or to show an attorney.
If parents follow this model for making an agreement, they will end up with the best possible agreement for their children. The mother and father should make a custody and visitation schedule, add provisions, and create the necessary documents. Doing this will allow them to have a thorough agreement that can last many years.
Find this article useful? Read also Creating a Great Parenting Plan.
Rosemary Peters - I have studied family law extensively with a focus on child custody issues and matters. I love to share the information I've learned about ...
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