Most custody cases are resolved before they make it to court. Out-of-court resolutions can happen because of negotiations between parents and their lawyers, or through alternative resolution methods like collaborative law or mediation. The article below discusses parenting agreements and their approval in custody cases.
Parenting Agreement Basics
If parents and their attorneys resolve issues of visitation and custody, either in or out of court, decisions are finalized in writing. These agreements are sometimes known as settlement, parenting or custody agreements. Every case is different, and so are parenting agreements, but they commonly cover areas such as:
* Physical custody (where the child is to live)
* Visitation
* Legal custody (who makes decisions on the child’s welfare and upbringing)
* Where the child will spend vacations, birthdays and holidays
* How often the child will visit third parties such as grandparents
* How agreement changes and disputes are to be handled
Parents should remember that the areas listed above are just a few common issues dealt with during a divorce. A family law attorney in Irvine, CA can customize a parenting agreement to meet the needs of the entire family.
Court Approval of a Parenting Agreement
Parenting agreements are submitted to the court for approval. If the agreement is part of a divorce proceeding, it is filed in the district where the petition for divorce was filed. Informal hearings may occur, where the judge asks basic questions to affirm that both parents signed the agreement voluntarily. If the agreement was negotiated with the child’s interests in mind, it typically is approved by the court.
Violations of the Agreement
In most jurisdictions, custody agreements become binding decrees, dictating parental obligations and rights. Parties must adhere to the agreement, or face severe consequences. For instance, if the agreement becomes a court order and it is violated, the other parent and The Law Offices of Neil J. Cacali can petition the court to enforce the order.
Divorce is never easy, and it is especially difficult to decide matters of child custody. If one wants to learn more about parenting agreements or if they have case-specific questions, they should talk to a Family Law Attorney Irvine CA.
