Drafting a comprehensive child custody agreement is crucial for ensuring the well-being of your children. A well crafted agreement can also help you and the other parent avoid future child custody disputes. Due to the numerous legal and factual issues which must be addressed, it is essential to consult an experienced Philadelphia family law attorney.
The Philadelphia child custody lawyers at Schwartz, Fox & Saltzman, LLC prepared this guide to help you prepare your child custody agreement with the goal of protecting your children’s best interests.
Establishing Your Child Custody Agreement
Under Pennsylvania law (§5327(a)), no presumption exists regarding custody. If one or both parents cannot reach an agreement, all issues regarding child custody must be litigated in court. Similarly, if you are able to negotiate a custody agreement, it must address all issues regarding child custody.
Physical Vs. Legal Custody
The parent with legal custody has the authority to make major decisions on behalf of a child. Physical custody refers to the parent with whom the child resides. Several custody arrangements are available including:
- Shared legal custody – both parents share legal authority
- Sole legal custody – one parent has sole legal authority
- Shared physical custody – the child alternates living with both parents on a set schedule, for equal periods of time.
- Primary physical custody – the child spends the majority of their time living with one parent while the other parent has partial, or less than fifty percent, physical custody.
Co-Parenting Time Schedule
Create a detailed schedule outlining when each parent will have physical custody of the child. Include provisions for regular visitation, holidays, weekends, and vacations. A well-drafted schedule can help maintain parent-child relationships and provide a child with a strong sense of stability and structure.
Exchange / Hand-Off Protocols
It is not unusual for some parents to have poor or hostile relationships with each other. A custody agreement can include provisions designed to help minimize interactions between the parents. Specifically, an agreement can establish protocols for exchanging the child between parents, including pick-up and drop-off locations, transportation arrangements, and communication guidelines.
Holidays & Vacations
It is natural for both parents to want the child to spend the holidays with them and their extended family. An agreement should specify how holidays, special occasions, and school breaks will be divided between parents. Consider alternating holidays, creating a rotating schedule, or designating specific holidays to each parent.
Child Support Arrangements
Child support is a separate Agreement or court proceeding, and is calculated pursuant to the Pennsylvania Child Support Guidelines (Rule 1910.16-4). While the laws surrounding child support are strict, deviations are permitted if an activity is essential for a child’s well-being.
Elements to Ensure Your Child’s or Children’s Well-Being
A child custody agreement is meant to promote a child’s well-being. When drafting a custody agreement, you should prioritize following elements to ensure your child’s well-being:
- Stability and Consistency: Create a stable and consistent environment for your child by maintaining regular routines and minimizing disruptions.
- Open Communication: Foster open communication between co-parents to facilitate effective co-parenting and ensure the child’s needs are met. If parents cannot effectively co-parent, the court may order co-parent counseling for the parents.
- Child’s Best Interests: Always prioritize the best interests of the child when making decisions regarding custody, visitation, and other parenting matters.
- Quality Time: Make quality time with each parent a priority to nurture the parent-child relationship and promote emotional bonding.
By addressing these elements in your child custody arrangement, you can create a framework which promotes your child’s physical, emotional, and developmental well-being.
Healthcare & Medical Responsibilities
If you and the other parent have shared or joint legal custody, your agreement should address medical decisions and responsibilities. You should establish agreements regarding healthcare and medical decisions for your child, medical care decision-making for your child, and emergency protocols. Agreements regarding medical responsibilities can help avoid conflicts in the event of an emergency.
Educational Arrangements
A child’s education is often another area of contention between parents. Parents may disagree regarding the type of school a child attends, i.e., public v. private, the location of the school, transportation to and from school, and other issues. A custody agreement should define how educational decisions will be made including school enrollment, extracurricular activities, tutoring, and communication with teachers.
Extracurricular Activities
Along with school, extracurricular activities can aid a child’s upbringing and development. A custody agreement should address participation in extracurricular activities. Specifically, the agreement should specify the types of sports, clubs, and other activities the child is allowed to participate in, how clubs and activities are selected and other issues.
How Parents Address & Handle Disputes
Even when parents are on good terms, disputes can arise. An agreement should contain procedures for resolving disagreements between parents, including communication protocols, mediation options, and the involvement of legal professionals if necessary. By addressing these elements in your child custody agreement, you can create a framework that promotes your child’s physical, emotional, and developmental well-being.
Additional Provisions & Clauses
Raising a child is inherently stressful, at times. The lives and circumstances of both parents can change. In addition to the basic custody arrangements, an agreement should address potential changes and how these changes might be resolved.
Custody Modifications
A custody or visitation schedule cannot be set in stone. In addition to emergencies, unforeseen changes can occur such as one parent starting a new job with a different schedule. A custody agreement should establish procedures for modifying custody arrangements in the future, such as changes in parental schedules, relocation, or significant life events.
Travel Restrictions Including International
Disputes can arise when one parent wants to travel with the child. Under Pennsylvania law (§2904), a parent can be charged with parental kidnapping if they remove a child from Pennsylvania or the United States. Your agreement should include language regarding travel restrictions and requirements, including permission for international travel, passport custody, and notification procedures.
Relocation Process
Legally (§5337), a parent is not allowed to relocate without giving the other parent notice if the relocation causes interference with the custody arraignment. The legal process surrounding relocation can be complex and difficult. Your custody agreement should outline the process for one parent’s potential relocation, including notification requirements, modification procedures, and the child’s best interests. In the event this language is not in your custody order, Pennsylvania law provides for Notice requirements, in the event a parent wishes to relocate with the child.
Provisions for Emergency Situations
A custody agreement should specify procedures for handling emergency situations. This includes medical emergencies and other unforeseen circumstances. Specifically, the agreement should identify who should be contacted if you are unavailable and which parent is responsible to respond to an emergent situation on which day.
Communication Protocols Between Parents
Sadly, some parents cannot communicate with each other. Your agreement should establish guidelines for communications. Specifically, it should include methods of communication, frequency of contact, and protocols for resolving disputes. Parents who communicate poorly in writing may be ordered to use certain email programs designed specifically for custody matters.
Technology Use & Online Presence
Social media and the internet can be both a blessing and a curse. In order to protect your child, your custody agreement should address your child’s use of social media and communication technology, i.e., a cellular phone, IPads, computers, etc. The agreement should include rules and restrictions regarding the child’s use of technology, social media, and online presence, including parental supervision and monitoring.
Grandparents & Extended Family
Your custody agreement should specify which extended family members are permitted to care for your child if you and the other parent are unavailable. Your agreement may need to identify extended family who are permitted to see the child. This can help prevent future conflicts.
The Importance of a Detailed & Enforceable Child Custody Agreement
A detailed and enforceable child custody agreement is essential for providing stability and predictability for your children while minimizing potential conflicts between parents. Working with a divorce lawyer in Philadelphia can help ensure the agreement is comprehensive and enforceable. By clearly outlining custody arrangements, responsibilities, and procedures, you can create a framework that promotes your children’s well-being. A custody agreement can also facilitate positive co-parenting and prioritize your child’s best interests.
Contact a Child Custody Attorney for Assistance
Navigating the complexities of child custody agreements can be challenging, but you don’t have to do it alone. The experienced Philadelphia child custody attorneys at SFS are here to help you understand your rights, negotiate agreements, and protect your children’s best interests. Contact us today to schedule a consultation and get the legal guidance you need to navigate the child custody process effectively.