How to Write a Child Custody or Parenting Time Parenting Agreement

One of the best situations that can arise is if the parents of the Minor Children are in agreement over such things as parenting time, amount of support, custody terms and rights of the non custodial parent.

This is an overview of how to write up an agreement between you and the other party.

Difficulty: Moderately Challenging

Instructions

Things You'll Need:

• Notebook
• Voice recorder for notes only - not court use.
• Appropriate forms from your Friend of the Court (or your state's equivalent).
• Book - Successful Child Custody Strategies

1. 
    

   Meet with the opposing parent.
   
   First things first, get an idea of what the other parent wants. Schedule a meeting with them and ask them what they had in mind and what they wanted to see happen pertaining to your child's schedule, parenting time and child support.
   
   This meeting is only to get needed information. You can use a voice recorder, and you do not have to tell the other party as long as you are just using it for your notes, and absolutley will not make such a recording public, submit as evidence, or distribute the recording. In fact, when you are done taking your notes from it, delete the recording.
   
   Some parents get wary when the other parent is taking notes, so that is why a recorder is preferable. You can speak without interruption, and there is less of a chance that the other parent is going to feel worried.

2. 
    

   Writing up your parenting time agreement
   
   When you write up your parenting time agreement, expect that the other parent will want to change things. Almost no parent's agree one person's way is the best, and go along with it willingly.
   
   A good rule of thumb is to give a little to get a little.

3. Send the draft to the other parent
   
   When you send the draft to the other parent, send them a cd with the doc file on it so they can re-edit it as they wish.
   
   Do not email. Sending by mail will give you a delivery confirmation when sent priority mail. You also send a short note with the cd asking for them to make their changes and send back to you within 14 days of the date of receipt. This keeps things moving pretty fast (in terms of court times)

4. Alternately, you can meet with them again
   
   This way is preferable. take a hard copy, but also take your laptop if you have one so you can directly edit as you and the other parent agree on things.

5. Get the forms from the court.
   
   Get the necessary forms from Friend of the Court or court services, and fill them out. Make three copies of both the filled out forms and the agreement. One set for your records, two sets to send with the agreement to the other parent (They sign one and return to you, the other is for their records).

6. 
    

   When satisfied, Get a Signature!
   
   Once you and the other parent have made a final agreement, sign the revised hard copy that you type up. Send 2 copies to the other parent. One is to sign, the other is for their records. If you really want to be nice, send a Self addressed stamped envelope along with the agreement.

7. Take the completed forms to court services and ask the clerk for a hearing date to make the agreement final.

Tips & Warnings

• Do what is in the best interest of your child, not your personal wants or needs.
• No matter how unreasonable the other parent is, you keep a level head, and maintain fairness.
• This is a suggestion of how you might create a parenting time agreement, and should not be construed as legal advice in any way.
• Always consult an attorney.

Resources

• Free Successful Child Custody Strategies E-Book