Creating a well-drafted, clear custody agreement is one of the best ways to make co-parenting easier. At Lauren Taylor Law, our experienced lawyers will assist you in drafting an agreement based on the best interests of the child. Our firm has helped numerous couples throughout our years in business , and we will use our knowledge to help you and your partner reach an amiable and rational decision.
Tips for Drafting a Custody Arrangement
Jump Ahead To
Start with a parenting plan that describes how you and your partner will co-parent. If you and your partner agree on the plan, you will write it together and submit it to a judge. For couples who disagree on their co-parenting plans, each parent will submit their own proposal. The judge can then accept either proposal, combine aspects of both or reject both proposals and create a new parenting plan.
While you can’t predict everything that will happen, you can avoid most parenting conflicts by thinking ahead and using these guidelines for developing your custody arrangement.
Consider All Custody Elements
Parents often create a flexible custody plan to accommodate their family’s changing needs. However, a well-structured plan is the best way to minimize confusion and conflict. Some of the key elements to consider in your custody plan include:
- Which parent is responsible for daily responsibilities such as school drop-offs.
- Whether one or both parents will have decision-making authority.
- Your preferred visitation schedule.
- How you and your partner will communicate and resolve any disputes.
- Who is responsible for child support and other expenses.
- The ideal timeline for reviews and adjustments to the agreement.
Stay Positive
Creating a custody agreement can be challenging regardless of your relationship with your partner. Some ways you can help maintain a positive outlook include:
- Remind each other of your common goal — your child’s best interests.
- Approach all discussions with respect to reduce tension and create a safe space for sharing thoughts and feelings.
- Celebrate any progress and milestones you and your partner reach.
- Acknowledge that circumstances can change, and you may need to adjust the custody agreement to better meet your child’s needs.
Set a Clear Visitation Schedule
There are many holidays, activities and other events to consider as you draft your agreement to ensure both parents can see their child when it matters most. Some of the many events you will want to have a visitation schedule in place for include:
- School schedule
- Birthdays
- Vacations and holidays
- Sports, clubs and special events
Understand the Difference Between Legal and Physical Custody
A child custody agreement is a great place to determine who has legal and who has physical custody. Physical custody means the parent cares for the child daily, whereas legal custody grants a parent the right to make legal decisions on the child’s behalf. In most custody agreements, one parent has legal custody and both parents have physical custody. If you and your spouse wish, you can share physical and legal custody.
How to Change a Child Custody Agreement
It’s normal for custody needs to change as time passes. If you and your spouse review the custody agreement and agree it is the right choice to modify the document, making the change is relatively straightforward.
The parents can petition jointly to modify the custody order for a judge’s approval and then make changes as needed, including child support amounts. For example, if a non-custodial parent takes custody of the child, their support payments would cease, and the other parent would be responsible for paying.
For parents who disagree on whether they need to make a modification, the parent who wishes to alter the agreement must make a compelling argument to a judge about why they think a change is necessary. Generally, courts try to keep custody agreements the same to provide stability for the children involved. However, the court may consider an update due to a change in circumstances that requires immediate action.
Get the Legal Support You Need and More at Lauren Taylor Law
If you need assistance drafting a child custody agreement or creating an argument to change your existing arrangement, the team at Lauren Taylor Law is here to help. We are a local family law attorney in South Carolina with offices in Greenville and Charleston . You can count on us to use our extensive expertise to help you reach a decision that meets your family’s needs.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.