What Kinds of Issues Should we Address in our Custody Agreement?

Beyond deciding on what negotiation and dispute resolution process will likely work out best for your family, it can also be helpful to really spend some time thinking through the nuts and bolts of the agreement itself. You may be wondering any number of things about how to craft, enforce, or change a custody agreement if necessary, and we wanted to address a few of the most common.

What kinds of things should we address in the agreement, and how much detail should we include?
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Each family is different and unique from any other. As a result, no custody agreement is going to be exactly like any other.  This is, after all, the point of crafting your own custody in agreement in the first place – tailoring it to your unique circumstances. Having said that, there are a few basic building blocks that every custody agreement should include:

• Setting forth who will have legal and physical custody of the children: As we noted earlier in this guide, there are generally three basic types of custody arrangements – sole custody (where one parents has both legal and physical custody of the child), joint custody (where both parents have shared physical or legal custody of the children), or split custody (where one parent has physical and legal custody of one or more of the children, while the other parent has legal and physical custody of the other child(ren).

 

• Establishing the details of the visitation schedule: Your custody agreement should clearly spell out the details of your visitation agreements. Include all of the important details, even if they may seem minor- not only the days that one parent will typically have the children (on weekdays, or on weekends, for example), but also who will have the children for vacations and holidays and important family events. Don’t hesitate to be clear about the details of how you will exchange the children either – locations, times, or any other details that you, as a couple feel are important.  

 

• Address how major decisions will be made: As any parent knows well, raising children involves many decisions, some of which are more important than others. While you obviously won’t want to include minor details in your agreement, the agreement should address whether or not, and to what extent the non-custodial parent (if there is one) will be involved in the major decisions regarding the children. These may be decisions involving education, religion, medical care, or disciplinary measures that the parents will use with the children. In essence, if you think it’s important, you should include it.

 

• Consider costs: The custody agreement should also set forth very clearly which parent will be responsible for major expenses with respect to the children that are not covered by child support. Consider any and all expenses that you may anticipate, from educational expenses, to who will include the children on his or her health insurance plan, to who will claim the child as a dependent for tax purposes.

These are only a few commonly asked questions of many. Certainly, if you have questions about the content of your particular custody agreement, talking to an attorney is always a wise decision.

If you would like to speak with an experienced child custody attorney in Huntersville, NC, contact Adkins Law to arrange a custody consultation. 

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