A parenting agreement is a legal document that lays out the parenting plan after a couple breaks up, usually through a divorce. It covers things like what the legal and physical custody split will be, outlines the visitation schedule, and provides instructions for what to do if there are disagreements or one party violates the parenting plan. The parenting agreement is one of the most important aspects of a divorce with children, so it’s important to ensure that it reflects your wishes and is comprehensive.
If you are planning to sign a parenting agreement, it’s important for a lawyer to review it to ensure that it reflects the best interests of the children and is in line with your parental rights. It is much easier to modify a parenting agreement before it is finalized by the court, and our lawyers can help you through the process.
What Are the Different Types of Parenting Agreements?
There are two main categories of parenting agreements: sole or joint. A sole parenting agreement means that one parent has the primary decision-making power–and often primary physical custody–of the children. A joint parenting agreement means that both parents are involved in the decisions for the children, and it usually gives both parties equal decision-making power. This ensures that the children get the benefit of having both parents active and involved in their lives.
Do Both Parties Have to Agree on the Parenting Plan?
If both parties can agree on a parenting plan without going through the courts, it can help speed up the process and make things less contentious. However, it is not required that both parties agree on the parenting plan. If the parents can’t come to an agreement, both parties will present their plan to the courts, and the judge will make the final decision that they believe reflects the best interests of the children.
How Do You Modify a Parenting Agreement?
Modifying a parenting agreement after it has been finalized can be challenging, but it is possible. In general, you will need to file a petition with the courts indicating that you feel the current parenting agreement is no longer in line with the children’s best interests and presenting a counter plan that you feel better reflects the needs of the children. The other parent will have the opportunity to review the proposed changes and either agree or move the case to be transferred into the courts for a judge to make the decision.
If you’re not sure what type of parenting agreement is the right one for your family, our lawyers can help. We can explain the pros and cons of each option and help you evaluate which one you want to move forward with. If there is a disagreement with the parenting plan, we are prepared to go to trial to resolve the situation. Call 647-933-2397 today to speak with one of our lawyers.