What A Parenting Agreement Should Cover

What A Parenting Agreement Should Cover.

A parenting agreement is just another way of saying a custody/visitation agreement, one where both parents are able to work out the terms regarding where the child will live and how much contact the child will have with the non-custodial parent. These types of agreements do not involve the courts because the parents or guardians of the child are working out the terms themselves. The court prefers that you work on an agreement, because you know what is best for the children. However, unless you have an attorney to guide you on what terms your agreement should contain, you might be short changing your rights.

The most important tip in writing these agreements is that it be clear and specific. The more specific you can be, the less you will have to go to court to clarify the terms. I would not suggest broad terms such as “liberal visitation,” because what the heck does that mean? If you want weekend visitations every other week, it is best to write it clearly, such as “Alternating weekends, starting Friday, after school until Sunday, at 5:00 pm. Pick up shall be after school on Fridays and drop off will be at the father’s residence on Sunday.” This is just an example, but you can see that with these terms, each parent is clear on when pick up and drop off will be as well as when visitation will begin. The agreement should also specify the location for pick up and drop offs (such as a police station, at school, at a relatives place, etc...)

The agreement should also make clear who is to have legal and physical custody. Legal custody means having the right to make decisions regarding the child’s welfare, education, religious and medical needs. Physical custody means where the child will be living primarily. This typically helps in terms of mailing purposes and which school district the child will attend, as an example.

Now within legal and physical custody, you can further break it down to whether it will be sole or joint custody. Sole custody means only one parent will have that right. Joint or shared custody means both share the parenting rights. In California the court favors shared legal and physical unless there is evidence that one parent is jeopardizing the child’s best interest. However in parenting agreements you can decide the parenting structure.

Additionally, there should be a schedule regarding the handling of holidays, school breaks, and birthdays. You might consider alternating these to ensure the children spend time with each parents’ family.

If you are concerned regarding babysitting issues, it is possible to add terms giving you the “right of first refusal”. This allows you the right to be selected as the babysitter of the kids, when the other parent may not be able to take care of them during their time and instead of looking for a babysitter, you can agree to have the children in your care.

Bottom Line: Take your time in establishing your timeshare, avoid general terms and always think about your child’s best interest.