Despite some minor variations from one jurisdiction to another, divorce settlement laws and procedures associated with custody issues largely are the same, according to Nolo. Your state legislature maintains these statutory provisions for your information at its website. Understanding the basic elements of these laws is the first step in reaching an agreement with your spouse.
Function
The primary function of a separation agreement as far as children born during the marriage are concerned is to establish a comprehensive parenting plan, according to "Child Custody A to Z" by Guy J. White. The plan establishes a custodial arrangement for the children as well as a schedule of visitation or parenting time. Finally, the function of a separation agreement includes setting forth the amount of support paid by the noncustodial parent for the child.
Features
The features of a settlement agreement include a specific schedule for visitation. A common schedule includes time with the children for the noncustodial parent during the week, a longer session over weekends and extended visitation during summer. An agreement usually provides for the parents to alternate time with the children on alternating major holidays. The agreement sets forth not only the specific amount of money to be paid for child support, but the timing of these payments.
Types
A separation agreement addresses specific types of custody as well. Legal custody is the right of a parent to make major decisions for children, according to Cornell University Law School. On the other hand, physical or residential custody designates where the children live.
Approval
Once a separation agreement in a divorce case is drafted and executed by the parties, the document is delivered to the judge. The judge possesses the authority to approve a separation agreement. Provided the settlement between the parties generally is fair, the judge likely will approve the agreement and make it a part of the final divorce decree.
Expert Assistance
Due to the complexity of divorce generally, and developing a separation agreement specifically, consider hiring a lawyer. The American Bar Association maintains resources to aid you in finding and hiring an attorney. These resources include contact information for local and state bar organizations. These groups provide directories of attorneys in your area who provide assistance in divorce and custody cases.
References
- "Child Custody A to Z"; Guy J. White; 2005
- Nolo: Child Custody FAQ
- Cornell University Law School: Child Custody Overview
