how to write your own shared parenting agreement that is legal without an attorney

Step 1: Add Parent and Child Information Fill out the names and contact information of both parents and the initials and birthdates of all children. Later in the agreement, you and your co-parent will be referred to as “First Parent” and “Second parent.”

Full Answer

Can I negotiate a parenting agreement without an attorney?

A family can negotiate a parenting agreement, with or without the assistance of attorneys. The ADR process tend to be less adversarial and more casual than the traditional court setting. ADR may be advantageous when considering factors such as:

Who are the parents in a shared parenting agreement?

SAMPLE We, (Mother’s first and last name) and (Father’s first and last name), the parents of (full name (s) of child (ren) enter into this Shared Parenting Agreement in order to better meet our parental responsibilities and to safeguard our child (ren)’s future development.

Do I need an attorney to sign a parenting plan?

It is advised to create a parenting plan which reflects the best interest of your child and you should consult with an attorney before signing any agreement. The court will review your parenting plan to see that it fulfills the best interests of the children.

How do I make a parenting agreement?

How do I make my parenting agreement? You can wait to start writing a parenting agreement until you've nailed down details with the other parent, or you can create drafts earlier in the process. Ideally, parents should work together closely, rather than have one simply sign off at the end.

How do I write a letter of child custody agreement?

Most child custody agreement letters use the following bullet points:the name of everyone involved in the agreement.the age of any children mentioned.details regarding who will be the custodial and noncustodial parents.a clear explanation of who the child will primarily live with.More items...

How do I write a contract between two parents?

Contents of an Agreement The agreement should outline parenting time schedules, including visitation schedules, weekends, holidays, and any other information regarding the parenting schedule. The child custody agreement should detail what the pick-up and drop-offs to and from the parental home will be like.

How do you make a family contract?

Seven Essential Features of an Effective Family ContractPrecise Wording. An effective contract begins by clearly defining the exact behaviors the child is expected to do or refrain from doing. ... Clear Rewards and Consequences. ... Bonus Clause. ... Child & Parent as Co-Creators. ... Re-negotiation. ... Signatures. ... Inspect What You Expect.

What is the most common child custody arrangement?

The most common joint custody arrangements include the 2-2-3 plan and the 2-2-5 plan. Both involve spending alternate sets of days with either parent. Also common is the alternate week plan, where the child spends one week with a parent and the next week with the other.

What should I ask for in a child custody agreement?

A parenting plan outlines how parents will raise their children after separation or divorce....Family violence. ... Parenting time arrangements. ... Siblings, grandparents and extended family. ... Vacations, holidays and special days. ... Travel. ... Education. ... Extra-curricular activities. ... Religion, culture, Indigenous heritage.More items...•

What is a custodian agreement?

What Is a Custodial Agreement? A custodial agreement is an arrangement wherein one holds an asset or property on behalf of the actual owner (beneficial owner). Such agreements are generally entered into by state agencies, or companies to administer various benefit programs.

What is a parent child contract?

A contract that is mutually developed and agreed on by parents and their children provides a way of outlining expectations as well as consequences or rewards. This process can be very satisfying for both the children and the parents.

What is a family contract?

Definition of family contract : a contract between the members of a family settling the distribution or descent of its estates.

Are contracts between family members enforceable?

Is a Contract Between Family Binding? Yet a contract between family members is just as binding and enforceable as a contract between strangers. It is not a defense that the other side to the contract is your mother.

What are the 3 types of custody?

There are three forms of joint custody, which are:Physical joint custody. When the child spends significant amounts of time with both parents.Legal joint custody. Where both parents make decisions over a child's upbringing.Joint physical and legal custody.

What is bird nesting co parenting?

'Birdnesting' or 'nesting' is a way of living that enables children to remain in the family home and spend time with each parent there. Each legal guardian stays at the home during their agreed custody time, then elsewhere when they're 'off duty'.

Does breastfeeding affect child custody?

Breastfeeding/chestfeeding can be protected in family law cases without sacrificing the co-parent's bond with their children. Babies need the love of both their parents, and it should be unnecessary for the courts to pick one relationship over the other, when both are so important.

What Should Be Included in a Parenting Plan?

A typical Parenting Plan includes the following: Custody arrangements Parenting/visitation schedules Holiday schedule Medical decisions & health in...

Can I write my own Parenting Plan?

Yes, you can write your own Parenting Plan. Courts usually recommend this, as parents typically know their children’s needs best. A lawyer is not n...

What paperwork do I need to file a custody agreement?

Each US state has its own custody documents that parents should file with a family court. You should contact an attorney specializing in family law...

Can you modify a Parenting Plan without going to court?

Yes, you can modify a Parenting Plan without going to court. The only thing you have to make sure of is that you and the other parent must agree on...

How much does it cost to modify a Parenting Plan?

The cost to reopen your case to allow for the modification will vary by state. This fee is typically around $50-$60.You may have to pay other costs...

What is shared custody of a minor?

With this in mind, the parties agree that they shall have shared legal custody of the minor child and that all decisions regarding the health, medical and dental care, education, religion, vacations, travel, welfare and other aspects of the upbringing of the minor child shall be made on a joint decision making basis.

What is a parenting plan?

Updated March 17, 2021. A parenting plan, also called a child custody agreement, is a document that outlines parenting responsibilities between separated parents. Whether you have joint custody or want to arrange visitation and child support, a parenting plan ensures effective co-parenting that prioritizes the child’s wellbeing.

What does it mean when one parent has sole or primary custody of the child?

If one parent has sole or primary physical custody of the child (ren), indicate the other parent’s visitation rights. If parents have joint physical custody, your parenting plan should include a parenting schedule that dictates which days the child (ren) will spend with each parent.

What should be included in a parenting plan?

If applicable, the parenting plan should include the monthly amount one parent will pay in child support.

What is legal custody?

Legal Custody. Legal custody gives a parent the right to make decisions about their child’s life. If parents share legal custody of their children, they must make decisions together regarding the children’s schooling, medical care, and other aspects of their upbringing.

What are some examples of joint custody?

A few common examples of joint custody parenting schedules include: Alternating weeks. 2-2-3 rotation: this schedule allows parents to spend half of the week and alternating long weekends (Friday-Sunday) with their child (ren) Alternating weeks with a midweek visit or overnight stay.

Who has legal custody of a minor child?

The parties agree that First Parent shall have sole legal custody of the minor child and shall be free to make all decisions in all matters pertaining to the upbringing of the minor child, including health, medical and dental care, education, religion, vacations, travel and welfare. ☐ Second Parent has legal custody.

What is the purpose of a co-parenting contract?

Holidays or school breaks. When parents agree on a co-parenting contract, it allows them to clearly define how their parenting relationship will work. Successful co-parenting depends on proper communication, as well as trust and honesty on the part of each party.

Can you be a stepparent to your ex?

If you were a step-parent to a previous partner’s children and have since been divorced, you are legally unrelated to them. For step-parents who held a significant part in raising the children, or to whom the children hold a special bond, a co-parenting agreement allows you to remain a part of their lives. This can also allow you to relieve some of the responsibilities of your ex-partner and help provide for the children.

Can platonic co-parenting be used for a child?

If you are looking to have a child but either don’t want a long-term romantic relationship or don’t think you have enough time, platonic co-parenting can allow you support in raising your child. They can also bring another parenting figure in the child’s life without you needing to engage in a romantic relationship.

Is a biological parent considered a parent?

For biological parents of a child, both are immediately regarded as parents under the law. However, for anything outside of a relationship of a single mother and father, it is often the case that only one parent holds legal parenting rights over the children.

Can same sex couples have sperm?

Though this may sound peculiar to some, it is not uncommon for same-sex couples to want the sperm or egg donor to participate in the raising of their child. Whether you seek to gain a motherly/fatherly influence on the child or to simply allow the biological parent to spend time with them, co-parenting agreements let you bring in the other adult.

Can a non-biological parent have a child in 2020?

Though the only way to completely legally grant “parenthood” to a non-biological parent is through second-parent adoption, not all states permit this--especially in the case of same-sex or queer couples.

Can a single parent adopt a second child?

In these cases, the best option would be to pursue a second-parent adoption, under which the single parent grants their partner (or a desired co-parent) legal parenthood over their children. This allows the parent to give their partner rights in raising the children without actually sacrificing any of their own rights.

What should be included in a parenting agreement?

Your parenting agreement should contain any information that you and the other parent need to raise your child after you separate. The general parts of a parenting agreement are: A parenting time schedule. Information about how the parents will make decisions for the child. Information about finances and expenses.

What is the best parenting agreement for a child with special needs?

To get the best agreement, use the Custody X Change parenting plan template and then include any extra information that is relevant to your circumstances.

What are the rules and provisions for parent custody?

Some common provisions that parents include are: The right of first refusal, which gives a parent the first right to have the child if the other parent needs child care.

What is the decision making section of a parenting plan?

When you make your agreement in Custody X Change, the "decision-making" section of the parenting plan template helps you decide what decision-making authority to select and how to explain it.

What is a good parenting schedule?

A good schedule has the following: A residential schedule that shows where the child is on regular weekdays and weekends. A holiday schedule. A school break and vacation schedule. Special events that show times when the normal schedule changes.

How do parents share responsibility for making decisions?

Here are some ways you can share or divide the decision-making responsibility: One parent has sole authority to make big decisions. Both parents have authority to make big decisions individually. Parents make all big decisions together. Each parent is in charge of certain types of decisions.

What happens if you don't cooperate with your parents?

If you and the other parent do not cooperate on the agreement, you will go to trial. After your agreement is approved by the judge, it becomes an official court order. This means that you and the other parent are legally obligated to follow it. If either parent doesn't, the court can enforce your agreement.

What is a parental agreement?

The Agreement addresses issues such as physical and legal custody, visitation schedules, health insurance, college, and, if desired, child support. Parents can use this document to come to a mutually satisfactory plan about how they will raise their children together without needing to give up control of decision making to a judge.

What is a child custody agreement?

Child Custody Agreement. A Child Custody Agreement is used by parents to lay out the details of how they will co-parent their child or children together even though they are no longer romantically involved. The Agreement addresses issues such as physical and legal custody, visitation schedules, health insurance, college, and, if desired, ...

How to get custody of a child?

This Agreement covers all of the essential details of how parents will raise their children together. Firstly, the document addresses the issue of custody in the following manner: 1 Physical custody -- This encompasses where the children will live and how the visitation schedule will work. The parents can elect to have one parent assume sole physical custody with the children spending most of their time living with that parent and then making visits to the other parent. The parents can also elect to have joint physical custody, with children spending an equal amount of time living with each parent. 2 Legal custody -- This type of custody involves which parents have the right and responsibility to make decisions on behalf of their children regarding issues such as healthcare, religion, and education. Generally, parents elect to have joint legal custody of their children, with both parents sharing this decision-making responsibility. However, this document gives the parents the option to assign one parent sole legal custody, for example, if the children will spend the overwhelming majority of time living with that parent.

What is legal custody?

Legal custody -- This type of custody involves which parents have the right and responsibility to make decisions on behalf of their children regarding issues such as healthcare, religion, and education.

Can you have one parent with sole custody?

The parents can elect to have one parent assume sole physical custody with the children spending most of their time living with that parent and then making visits to the other parent. The parents can also elect to have joint physical custody, with children spending an equal amount of time living with each parent.

Who has the final say on child support?

The caveat is that a judge has the final say regarding child support. However, judges generally approve any reasonable support agreement and are willing to give the benefit of the doubt to two parents who have worked together to create a child support agreement. Once the parents finish creating the Child Custody Agreement, ...

Can a parent file an agreement with the court?

The Agreement can remain an informal agreement between the parents or the parents can choose to file the document with the court if this is desired or required by a pre-existing court order.

How does a parenting agreement work?

Parenting Agreements work best when they are not too prescriptive, are flexible and are regularly updated to take account of children’s changing needs over time. Try to see it as a working document to help you manage your parenting relationship rather than a legal contract that should be monitored in minute detail.

What is a parent agreement?

A Parenting Agreement (sometimes referred to as a Parenting Plan) is a written statement that both parents sign up to as a way of establishing the ground rules around the way that they will parent apart.

How does a child custody agreement work?

In a child custody agreement, the parents draft an agreement that works to their satisfaction and present it to the court. The court will then either accept the child custody agreement, alter its terms, or reject certain provisions. Let's explore the best ways to draft an agreement to avoid contention.

What is the best thing parents can do to protect each other?

The best thing parents can do to protect each other, and the child, is to be specific with all of the terms in the child custody agreement. If the terms of the child custody agreement are not specific, it may leave the door open for a new child custody suit.

What is joint custody agreement?

Make sure to classify what kind of custody each parent agrees to. Custody can be classified as joint or sole. Joint custody is shared by both parents, while sole custody means one parent is the custodian. 1.

What is legal custody?

Legal custody refers to the right of a parent to make decisions for his child while physical custody involves the daily care of the child. The agreement should outline parenting time schedules, including visitation schedules, weekends, holidays, and any other information regarding the parenting schedule. The child custody agreement should detail ...

What should parents do to avoid adversarial decisions?

Arbitration and Mediation. Parents should try to avoid the adversarial process, especially if there are only a few decisions that cannot be agreed upon. If you have come close to ironing out the details, then seek assistance in the form of arbitration or mediation to conclude the last details.

What should be included in a child custody agreement?

The child custody agreement should detail what the pick-up and drop-offs to and from the parental home will be like. Important decisions, like issues related to religion, education, and extra-curricular activities should be ironed out in advance in the document. Lastly, there should be a clause that outlines how parents can make changes to ...

What is child custody mediation?

Arbitration or mediation will involve a neutral third-party party who will work to assist parents in coming to an agreement that is beneficial to all parties. Before You Agree to Try Child Custody Mediation.

What does a child custody attorney do?

Oftentimes, having a child custody attorney help draft an agreement that meets the needs of both parents and the child can prevent confusion and controversy later on by including all of the necessary language family courts want to see, along with personalized schedules and inclusions specific to the needs of your family.

How long do you have to notify the other parent of a move?

The parent intending to move the children must notify the other parent 45 days prior to any planned change in residence of the children. The notification must state, to the extent known, the planned address of the children, including the county and state of the new residence.

How far in advance do you have to notify your parents of your vacation?

The parent must notify the other parent verbally and in writing of their vacation plans a minimum of 30 days in advance and provide the other parent with a basic itinerary that includes dates of leaving and returning, destinations, flight information, and telephone numbers for emergency purposes. C.

Can you interfere with a parent's schedule?

No interference with the schedule of the other parent without that parent’s consent. Neither parent will schedule activities for the children during the other parent’s scheduled parenting time without the other parent’s prior agreement. F. Canceled parenting time.

Can a parent use a child as a messenger?

A. No Use of Children as Messenger. The parents will communicate directly with each other on matters concerning the children and may not use the children as messengers between them.

Can a child be left alone?

1) The children must not be left alone without age appropriate supervision.#N#2) The parents must let each other know the name, address and phone number of the children’s regular childcare providers.

Can the court change custody of minors?

2) The court may change the legal and physical custody of the minor children. J. In all other matters in exercising joint legal custody, the parents may act alone as long as the action does not conflict with any orders concerning the physical custody of the children. 2.

Why do parents come to a mutual agreement?

When parents come to a mutual agreement on reaching a plan that fits the needs of the family, they will enjoy a more predictable and consistent schedule. This will reduce the amount of misunderstandings and conflicts that often arise during litigation and court battles.

What happens if a parent violates a custody agreement?

Violations of the Custody Agreement. If a parent violates a parenting plan, they may be held in contempt of court. This requires obtaining an order to show cause, which requires the parent to appear in court to explain why they should not be held in contempt.

How to resolve child custody issues?

Child custody can be resolved through informal negotiations between the parents or other parties through alternative dispute resolution (ADR) proceedings. This is an emerging concept that covers a variety of processes by which disputes between parties can be settled outside the courtroom without a lengthy trial. A family can negotiate a parenting agreement, with or without the assistance of attorneys. The ADR process tend to be less adversarial and more casual than the traditional court setting. ADR may be advantageous when considering factors such as: 1 The degree of conflict between the parties on issues being disputed 2 The degree of the parties ability and willingness to work together to resolve issues 3 The degree of the parties motivation to limit issues from being public record

What is mediation in custody?

Mediation of custody issues can enable you and your spouse to avoid hostile, stressful and traumatic litigation of a custody dispute. It provides both of you with the chance to reach the common goal of serving your child's best interests in a civil manner. The mediator does not have the power to impose a solution.

What is a reasonable custody agreement?

A reasonable custody agreement arrived at between the parties in a mature and open manner will probably be acceptable to the court. The agreement should also address the possibility of a custodial parent moving out of state. At the very least, the custody agreement should contain a legal clause which requires notice be given to ...

What to do when you are separated from your spouse?

No matter how much animosity you may be experiencing at the time, you need to focus on putting your children first and do everything you can to make mutual custody and visitation decisions as opposed to letting a judge decide what's best for your family.

Why is collaborative law important?

This can be a useful process which can reduce the legal costs and animosity between the parties when trying to reach a child custody agreement.