Robert G. Smith, PLLC

How to create a parenting agreement

New York couples who have one or more children and are going through a divorce may need to create their own parenting agreement. This is because they are still need to care for their children as long as they are the legal parents. In most cases, parents may come up with their own agreement through informal negotiations or through mediation outside of court. When an agreement is reached, it is final and binding on all parties once it has been approved by the court.

There are several issues that need to be resolved in the parenting agreement. First, the parents need to determine where the child will live. Second, they need to decide when the other parent gets to spend time with the child. Finally, it should be determined how and when grandparents and others may have contact with the children.

Part of the agreement may want to cover how any disputes regarding the current agreement will be handled. Determining this ahead of time can make it easier for parents to resolve their future differences without having to spend time and money in a courtroom. As the agreement is binding after both parties and a judge agree to it, either party may go to court to have the order enforced if the other party to the agreement violates one or more of its terms.

A parent who is going through a child custody battle may wish to talk to an attorney in order to determine how to proceed. If both parents can agree on important issues, this may be in the best interest of the child who will see their parents resolving their problems in a mature and civil fashion.

SOurce: FindLaw, "The Parenting Agreement", accessed on Feb. 24, 2015

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