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7 Essential Aspects of Preparing a Child Custody Agreement

Every state has a specific set of laws regarding child custody. But there are universal rules that every divorcing parent should be mindful of. A few of these rules address factors such as where the child will live, the time one gets to spend with them, and who will be responsible for making decisions for the kid.

7 Essential Aspects of Preparing a Child Custody Agreement
Learning about these aspects of custody may also help one develop an ideal parenting plan and navigate through disputes and issues.

Factors to note when preparing to approach a court for child custody

The residence of the child
One of the first things to establish when discussing custody is where the child will reside. A parent should be prepared to state their primary residence. Establishing a primary residence is essential, even if the child spends equal time with each parent. The address will be submitted to the child’s school, healthcare provider, and other entities that officially require the address for communication and emergency purposes. Moreover, the primary residence is usually the home where the child spends the most time. However, some parents may take turns using their address as the primary address for legal purposes.

The time allotted to spend with a child
The amount of time a parent gets to spend with their child will depend on the type of physical custody allotted, also known as residential custody in other states. Irrespective of the technical term for the process, physical custody refers to the physical care and control of the child on a day-to-day basis. The law typically states three types of physical child custody rules families must know about. These are as follows:

Sole custody
Here, one parent is primarily responsible for the child’s care, while the other parent may have a visitation time allotted by the court.
Joint (or shared) custody
Both parents share physical custody of the child. However, the duration the child stays with each of them doesn’t have to be equal.
Split custody
In a split agreement, one parent will have custody of one child while the other parent will have custody of the other child. While a court usually prefers to keep siblings together, there might be situations where split custody is a feasible alternative.

A parent should also remember that some states have a preference for ruling in favor of joint custody unless proven that it would not be in the child’s best interest to do so. However, other states may have different rules for child custody and the courts will evaluate and award custody on a case-by-case basis.

The legal decision maker
The parent with physical custody is usually responsible for the day-to-day decisions regarding the child. These decisions include what the child will have for breakfast or defining the proper bedtime. However, other decisions may also need to be made by the parent. For example, legal custody refers to the authority a parent has over the child. This includes the power to decide on the child’s healthcare requirements, education, and religious views.

Types of legal custody
There are two common types of legal custody. The first is sole legal custody, where only one parent makes the long-term parenting decisions. The second is joint legal custody, where both parents are required by law to make mutual decisions and share legal custody. The latter is also one of the most common types of legal custody rules. Furthermore, most parents will share legal custody of their child even if one parent has sole physical custody.

Preparing the custody agreement documentation
Before seeking custody of the child, both parents may need to create a document that details the arrangements to present to the court. The document could be called a parenting plan, a custody agreement, a parenting agreement, or something similar based on the state one resides in. The custody agreement may include the following elements:

A designation of a primary residence for the child
Name and age of the child
A declaration about the type of legal and physical custody the parent will have
A delegation of specific parental rights and responsibilities to either or both parents
A visitation schedule (or parenting time schedule) for the child. The schedule could include when the child will spend time with each parent on a routine basis as well as holiday and vacation times
A method for periodically reviewing the plan
A method of dispute resolution
Any provisions the parent wishes to include, such as details about extracurricular activities, transporting the child between homes, and communication methods

Resolving parental custody disputes
While parents are encouraged to work together to create a parenting plan, they may not always agree on certain aspects of the document. If one faces a similar obstacle, they may require the assistance of an outside source, such as a court-appointed mediator, to intervene and help with discussing the child’s custody rules with the parents. A mediator is an impartial party that listens to both parents and attempts to find common ground to resolve the issue. If both parents have exhausted all options to come to a resolution, the custody agreements of the child will be decided for them by the judge or an office of the court.

Factors to asses custody agreements
A common factor most courts use to make this decision is the “best interests” of the child. A few factors that are considered in this regard are:

The child’s relationships with each parent and other people in their life
The child’s history of care
Each parent’s ability and willingness to provide appropriate care for the child
The requirements of the child and how well each parent can meet those needs
The child’s adjustment to school, home, and community
Factors that might be harmful to the child
Factors the court finds to be relevant

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