Divorce Custody Agreements

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A divorce custody agreement is the base that decides the nature of parenting after divorce. This is a crucial document that comprises of the following details.

• Responsibilities and decision making rights about the religion, health and education of the child
• The duration for which the parent has access to the child inclusive of special events, some occasions and holidays
• The residency plan inclusive of arrangement for the child to move from one place to other
• The financial responsibility of each parent like child support

While developing a child custody agreement, the parents should keep in mind that the agreement must have the following characteristics.

• The child should not be required to make compromises
• The parents may make compromises
• As the parents have decided to terminate their mutual relationship, the child must not be at a disadvantage
• The child is eligible to maintain a relationship with both the father and the mother

Limitations of Divorce Custody Agreements

Generally, a divorce custody agreement is drafted keeping the present age and development of the child in mind. The fact that the child would grow with time and thereby, will have different requirements is completely missed. For example, if an agreement that is drafted when a child is a toddler will make little sense when he/she is a teenager. The ideal child custody agreement is that which takes into account the stages of development of the child and makes the necessary arrangements.

Several parents stress on their own requirements and not the child's while drafting an agreement. Divorce lawyers and judges refer to the terms of the best interests of the child set by law. However, they have scant knowledge about development of a child. Obviously, the judge or lawyer cannot guide the decision making of the parents on the basis of requirements of the child.

Tips for developing a Divorce Custody Agreement

• Bear in mind that as the circumstances change with time, it is possible to modify the custody agreement. All that is essential is to do the best for the child considering the present situation
• The child is in perpetual need of the undivided attention and predictability of the parents. So, the parents must commit to a loving and stable atmosphere
• Cohabitation has a negative impact on the child as well as the financial settlement. So, the parent must avoid residing with a new lover
• Let us assume that one of the parents has a new friend. This parent must keep this friend out of the picture till the agreement is complete. If not, jealousy plays a role in affecting the agreement
• Only if one parent is able to furnish evidence that the other spouse is an unfit parent, should the sound parent prevent the child from meeting the (unfit) spouse

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