Custody and Parenting Time by Agreement; The Risks

We are often approached by unmarried parents when they decide to separate, If they have children, the issues related to custody and parenting time can become confusing. If parent  get along and agree to parenting schedules, that is laudable, and great  so long as they continue to get along.  However, the day they disagree or  things break down, the issues become complicated.

 

Agreements Are Not Legally Binding

Unless unmarried parents have a court order specifying custody and parenting time provisions, they do not have an enforceable arrangement. Agreements, verbal or written, are not enforceable unless memorialized by a court order.  That means if parents have an agreement, and the relationship between them deteriorates,  they have little legal protection.

Without a custody order:

• For unmarried parents, the mother, by default is considered the custodial parent;
• Because the mother is the c presumed custodial parent and there is no court ordered parenting schedule, she may dictate parenting time and even move out of state without the to the parents’ consent. 
• Law enforcement will generally consider such disputes civil and do nothing.

Custody Agreements and Parenting Time

If parents have agreements, they can easily memorialize them as a court order with a Joint Custody and Parenting Time Petition that is signed by a Judge. 

Since children’s needs change over time, parenting schedule may also need to change over time.   The best way to think of a custody and parenting time agreement is as a safety net. If the parents agree on modifications, they can do so. The day they do not agree, there is a custody and parenting time order that controls what happens.

 

Custody and parenting time is also always modifiable, though the court considers different legal standards when determining whether to modify custody or parenting time.   A custody and parenting time Order generally addresses;:

• Legal custody (who makes important decisions)
• Physical custody (where the child primarily lives)
• Parenting time schedules (what parenting I tome does each parent have during the school week, summer or for vacation)
• Transportation (How is transportation shared for parenting time)
• Communications (often orders will include provisions as to timelines to discuss  parenting issues).

 

We Can Help you Do it Right

Attorney Maury D. Beaulier has over three decades of experience crafting agreements that avoid conflict later.  Call for a free consultation.