Child Custody Agreement

Parents who have agreed to separate or opt for divorce have to control and minimize the damages of their separation and divorce to their children. The needs and interests of children do no end with separation and divorce and this sometimes complicates the situations parents or guardians get in. For care of children to run smoothly as if “nothing bad happened”, a child custody agreement is usually established.

Separation and divorce is a hard-enough situation to be in and what’s worse is that parents and guardians who have done so should both get together and map out a child custody agreement that will cover living arrangements, legal decisions, visitation schedules, holiday schedules, and, if necessary, how any changes in the agreement will be dealt with.

The Best Interests of the Child

A child custody agreement or parenting plan is a compromise usually resolved informally and voluntarily, out-of-court between consenting guardians or parents that settle disputes or disagreements over custody issues considering the best interests and needs of the child or children.

By sitting down together in open dialogue and giving extra thought and consideration about the situation they are in, parents and guardians could settle on a child custody agreement that covers and provides the most for their children, their children’s changing needs, and their own needs.

For parents and guardians in different situations, it is best to model a child custody agreement that has worked in the past and modify this according to their child’s needs and to their own needs. It is also important for them to set realistic goals and fair negotiations towards a workable child custody agreement.

Considering the Best Interests of the Child in a Child Custody Agreement

In considering the “best interests of the child”, the court, and the parents or guardians must consider the following criteria in no exact ranking or order: (a) preferences of the children and (b) their emotional ties to each parent; (c) lifestyle and social factors of each parent and (d) the ties their children have to the home, school and community; (e) the capability and willingness of each parent to provide for the needs of the child; (f) the family’s history of domestic abuse, child abuse and substance abuse in their many forms; and (g) the continuing special health needs and age of the child.

For a child custody agreement to work, parents must agree on a specific child custody arrangement. Do not be confused! A child custody agreement is usually informal and voluntary, out-of-court decisions while child custody arrangements would normally focus on the decisions of court on who gets physical, legal, sole or shared responsibility.

Generally speaking, there are 2 types of custody: (1) physical custody and (2) legal custody arrangements. Physical custody would mean the actual physical control and possession of a child. It grants the parent the right for a child to live and reside with him or her. Meanwhile legal custody would mean the right to make legal decisions for a child’s welfare. This would include his medical, religious and medical needs, decided on behalf of the child.