What to Include in a Child Custody Agreement
A child custody agreement is a legal document that spells out how parents will provide care for their minor children when the parents are not living together. The creation of a child custody agreement often coincides with a divorce action, but not necessarily.
Developing a comprehensive child custody agreement can be complex, and it is highly recommended that you consult an experienced family law attorney to assist you. A family law attorney’s expert advice in this regard can be invaluable. Below are the basic components that should be included in a child custody agreement.
Custody and Visitation Schedule
The majority of your child custody agreement will be your custody and visitation schedule. A custody and visitation schedule describes which parent will have physical custody of the child at all times. Physical custody is the actual physical possession and control of a minor child. The crux of the custody and visitation schedule is a regular, repeating cycle of custody that extends throughout the year. This is the basic, normal routine for custody that you will follow. Parents can opt to use whatever type of schedule works best for their particular situation.
Holiday and Vacation Schedule
In addition to your basic custody and visitation schedule, you will need to create a holiday and vacation schedule. This schedule shows where your children will spend holidays and vacations and includes details about how and when the parents can take the children on vacation. Your schedule may include traditional holiday celebrations, religious holidays and holiday breaks from school. It is usually best to divide the holidays as evenly as possible. Parents normally alternate their holiday schedule every other year, but this is not required.
Vacation time can be described using specific dates or more generally, by including a clause stating that each parent may take the child on vacation for a specified number of days each year. Additionally, you should include a list of known special events that will require a deviation from the normal custody schedule.
Once you have created a regular custody and visitation schedule and a holiday and vacation schedule, you will have produced a schedule showing where your child is at all times.
Additional Terms
A child custody agreement should also lay out additional guidelines for each parent to follow. This portion of the agreement typically spells out how the parents will share and divide legal custody of their child. Legal custody is the right to make important decisions that impact the minor child. These include decisions regarding medical care, education, religion, extracurricular activities, etc. In Pennsylvania, courts often grant shared legal custody unless the circumstances prevent the parents from being able to cooperate with each other regarding these important decisions.
In addition to an explanation of how various parenting responsibilities will be split, you should include provisions designed to facilitate your custody agreement. Common stipulations include:
- How revisions or modifications can be made to the agreement in the future
- How disputes between the parents will be resolved
- Transportation provisions - pickup and drop off times, locations and other details
- Any special needs the child has and how these will be handled
Reaching an Agreement
Ideally, both parents can work together to develop their own comprehensive child custody agreement that is in the children's best interests. Unfortunately, this is not always possible. When one party writes up a child custody agreement, you can expect that the other parent will at least wish to make some changes. Compromise will be necessary to reach a fair and mutual agreement. When parents cannot agree, then court action may be required to determine the best interests of the child.
At the Martin Law Firm, we strive to achieve our clients' desired results without court intervention whenever possible. We are experienced in handling Pennsylvania child custody matters, and we have assisted many of our clients with the creation and development of a child custody agreement. To speak with a PA family law attorney at the Martin Law Firm, please call us at (215) 646-3980, or contact us via email by clicking here.
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Jason Martin, Esq. is an experienced PA family law attorney who assists clients seeking divorce, child custody, child support, spousal support and alimony in Montgomery County, Bucks County, Chester County, Delaware County and Philadelphia County. Contact The Martin Law Firm for a no-obligation, confidential consultation.