Family laws in all jurisdictions in the United States contain provisions designed to guide parents in developing voluntary child custody agreements, according to the American Bar Association Section of Family Law. These laws allow parents significant latitude in drafting a child custody agreement, provided the contents of such a contract represent the best interests of a minor child.
Function
A child custody agreement summarizes the resolution of issues between parents in a divorce, annulment or legal separation proceeding, according to "Child Custody A to Z" by Guy J. White. Voluntary agreement between parties to a child custody dispute is preferred by the laws and companion court procedures in all states.
Features
Although called a child custody agreement, the reach of the contract goes beyond custodial issues. The features of a child custody agreement include the establishment of the custodial arrangement developed between the parents. The agreement goes further to delineate the visitation or parenting time enjoyed by the non-custodial parent. Finally, a child custody agreement typically addresses the manner in which parents resolved the matter of child support.
Effects
Once drafted and signed by both parents, a child custody agreement is submitted to the judge for review and approval. Upon approval by the judge, the child custody agreement is incorporated into an order of the court. For example, if the child custody agreement is entered into during divorce proceedings, the contract is made a part of the divorce decree. Through this process, the child custody agreement has the effect of a court order.
Benefits
The benefits of a child custody agreement include ensuring that both parents have a greater deal of control over matters pertaining to custody, visitation and support of a minor child. Absent a voluntary agreement between the parents, parties to a child custody dispute cede a great deal of their decision-making rights to a judge presiding over the case in which child-related matters are at issue.
Mediation
Reaching an impasse in negotiating a child custody agreement does mean that the only remaining option is a court hearing. Parents can elect to pursue mediation. Through this process, a professional mediator meets with both parents. The mediator does not make decisions for the parents; instead, as a facilitator, the mediator assists parents in making compromises and reaching decisions.
References
- American Bar Association: Section of Family Law
- Cornell University Law School: Child Custody Oveview
- "Child Custody A to Z"; Guy J. White; 2005
