Custody Agreement

A custody agreement is an arrangement between the divorced or separated parents of a minor child that delineates who will have sole custody or if custody will be shared. This type of negotiation can be handled without going to court if both parties can reach a decision. To be legally binding, the family court does have to approve the details of the agreement. In the case of couples who are able to cooperate and communicate, joint custody can work. However, a judge may override a custody agreement and grant sole custody to one parent if there is a compelling reason to do so. Visitation is usually negotiated at the same time as custody and may include granting visitation rights to additional relatives such as grandparents, aunts, or uncles. Custody decisions are legally binding once they have been signed off on by the courts and failure to follow through with an agreement can result in a citation for contempt, fines, and jail time.

Fast Facts

  • The percentage of custodial parents living in poverty dropped 10% between 1993 and 2001.
  • Many custody agreements contain a stipulation regarding how far away the custodial parent can move without the consent of the non-custodial parent.
  • A custody agreement should take into account that the needs of the child will change with age.

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