If you are a parent who is facing an uncooperative ex-spouse, you know how important it is to have a detailed custody order in place. Without one, it can be difficult to enforce the terms of your agreement or get the courts to rule in your favor.
Why Should My Custody Order Be Thorough?
If you are going through a divorce or are in the process of negotiating a child custody agreement, it is important to understand the importance of having a detailed and enforceable custody order. A well-drafted custody order can provide clarity on issues like decision-making, parenting time, and holiday custody. It can also help prevent disputes between parents by clearly outlining each parent’s rights and responsibilities.
In addition, a detailed custody order can be instrumental in enforcing the terms of your agreement if your ex-spouse violates the order. Without a clear and enforceable custody order, you may have to rely on the goodwill of your ex-spouse to comply with the terms of your agreement. This can be difficult to achieve, especially if there is bad blood between the two of you.
If you are unable to come to an agreement with your ex-spouse on custody, a judge will ultimately make the decision for you. In making their determination, the court will consider the best interests of the child. When making their determination, the court will consider factors like the child’s age, health, and relationship with each parent. The court may also consider which parent is more likely to encourage a positive relationship between the child and the other parent.
What Should I Include in My Custody Order?
When drafting your custody order, it is important to be as specific as possible. Your custody order should include a schedule of when the child will be in each parent’s care, as well as when custody will be exchanged and where. This schedule should take into account the child’s age, school schedule, and extracurricular activities. The custody order should also specify which parent has decision-making authority on issues like education, healthcare, and religion.
If you anticipate that there may be conflict over the terms of your custody agreement, it is important to address these issues in the custody order. For example, if you and your ex-spouse cannot agree on where the child should go to school, you can include a provision in the custody order that outlines how this issue will be decided. You can also include provisions for how disagreements will be resolved and what will happen if one parent wants to relocate.
It is also important to understand that your custody order is not set in stone. As your child grows older, their needs will change. As a result, you may need to modify your custody agreement to reflect these changes. An experienced child custody attorney can help you modify your agreement as needed.
How Can an Attorney Help?
If you are going through a divorce or negotiating a child custody agreement, it is important to have an experienced child custody attorney on your side. An attorney can help you understand the laws governing child custody in your state and how they will apply to your case. They can also help you negotiate a fair and enforceable custody agreement.
An attorney can also help you prepare for enforcement proceedings, if necessary. If your ex-spouse violates the terms of your custody order, an attorney can help you file a petition with the court to enforce the order.
Giving You the Upper Hand During This Difficult Time
If you are going through a divorce or negotiating a child custody agreement, contact an experienced child custody attorney today. They can help you understand the laws governing child custody in your state and how they will apply to your case. They can also help you negotiate a fair and enforceable custody agreement.
Contact us today by calling (909) 315-4588 to schedule a consultation with a member of our team.