Legal News
15-Sep-2022
The Real Psychology Behind Child Custody Agreements
Child custody agreements are legally binding documents that detail who will have custody of the children if parents divorce or separate. Custody agreements also outline how parents will share responsibilities for their children (visiting schedules, health care, education, etc.). Despite their serious nature, custody agreements can be a bit humorous too. When drafting a custody agreement, try to incorporate some light-hearted elements as well. They are serious and sensitive legal documents, but they’re also fairly straightforward once you know what goes into them. Child custody agreements typically cover three things: child custody, child support, and visitation rights. Custody is usually broken up into two types: physical custody and legal custody.
Physical custody refers to where the child lives and how much time they spend with each parent. Legal custody means which parent has the right to make major decisions about their education, religion, healthcare, etc. Child support is a detailed accounting of how much money each parent will pay or receive every month, as well as what costs, such as school tuition, are covered by that amount. Visitation rights outline when and where the kids can see each parent and what steps need to be taken in case of an emergency involving the children.
Why are child custody agreements important?
As we mentioned earlier, child custody agreements are legally binding documents. If one parent fails to live up to their end of the agreement, the other parent can go to court to enforce the terms of the agreement, which may include awarding sole custody to the other parent and imposing fines or even jail time on the other parent for breaking the agreement. The other reason why child custody agreements are so important is that they provide stability and consistency for the kids. Before the parents’ separation and after the divorce is official, the kids need to feel secure in their daily routines and have a sense of normalcy. Making time for your children and keeping communication open during this stressful time will help them feel more loved and supported. Keep in mind that your children might be very sensitive to the changes happening in the home, so go easy on them if they seem reluctant to spend time with you. Child custody agreements are one way to accomplish that. They also prevent the children from being dragged into the parents’ conflict and help them heal more quickly once the separation is over.
The importance of honesty when drafting a child custody agreement
The first and most important rule of drafting an agreement is to be honest. You might think that you can fudge the numbers a bit or just pad your child support requirements a bit higher to get what you want. The thing is, what goes into your child custody agreement will be fact-checked by the courts. Judges have no patience for dishonesty or exaggeration in custody cases. So it’s important to think of the agreement as a contract and make sure that everything in it is true and accurate. If you agree with your ex, it’s best to have a lawyer on hand to make sure that all of the information is accurate and that everything is by the law. They’ll also be able to see through attempts at manipulation and may offer reduced child support or even sole custody to the other parent as a way to punish you for dishonesty.
How to draft a good child custody agreement
Several factors go into drafting a good child custody agreement. What are the kids’ needs? What are the kids’ developmental needs and abilities? What kind of care and attention do they require? - What are the parties’ abilities and limitations? Which parent has the time and energy to provide a stable and secure environment for the children? What are the parties’ financial abilities and limitations? Are there special needs or extenuating circumstances that need to be taken into account? What are the parties’ preferences? Which parent does each child feel comfortable with? Does each parent prefer to take the kids to school or extracurricular activities? - What are the parents’ time-sharing schedules? How will the parents’ work and childcare arrangements affect the time-sharing? What are the parents’ long-term plans? How and when do the parents plan to re-enter the workforce? Do the parents plan to remarry?
How divorce lawyers can help with drafting a child custody agreement
As you can see, drafting a child custody agreement is a complicated and time-consuming process, especially if the parents have conflicting desires and expectations. A divorce lawyer can help by putting the parents’ information into a standard child custody agreement format and negotiating the language of the agreement between the two parties. The lawyer can also assist with obtaining any necessary court orders, such as obtaining the right to visit the children if the parents live far apart. If the parents have significant disagreements about child custody, then a lawyer can assist by offering advice on how to communicate with each other and how to seek a resolution that benefits the children. Divorce lawyers can also act as a go-between for their clients. If the two parents are having trouble communicating with each other, a divorce lawyer can help facilitate discussion and keep the process moving forward.
What to watch out for when drafting a child custody agreement
The most important thing to remember is that your children come first. When drafting your agreement, keep in mind that your interests are secondary to your kids’ interests. While you want to make sure that you are receiving fair and adequate child support, you also want to make sure that your agreement does not negatively affect your kids. Child support is not about one parent receiving “cash for kids”; it is about providing financial support for your children. You also want to consider what will happen if one of you dies or the relationship falls apart in the future. In cases like these, custody of the children can be contested in court. You’ll want to make sure that your child custody agreement has specific language about who the kids will go to in the event of divorce or death. You’ll also want to make sure that the agreement is flexible enough to accommodate change if it becomes necessary in the future.
Conclusion
Parents need to get ahead of their problems and start thinking about child custody agreements. You don’t have to be facing divorce to put one in place. It’s better to plan and write an agreement now than to wait until it’s too late and you’re in the middle of a divorce. It can help ease the stress and anxiety of a contested custody battle and allow both parents to focus on their post-divorce lives instead of fighting over who gets to spend more time with the kids. It’s important to understand that a custody agreement isn’t a one-size-fits-all document. Every agreement is different, and it can be tailored to suit the needs of the parents and the children involved. A child custody agreement can help prevent the kind of conflict and animosity that often accompanies divorce. It can be a milestone in the healing process for parents and children alike. With these points in mind, drafting a child custody agreement can be a positive and constructive experience for everyone involved.