Divorce and child custody can be difficult to navigate. Still, a plan that considers your child’s best interests and family dynamics is essential. That is why negotiating a fair custody agreement is so important. When working toward an amicable and just resolution, you must be prepared to present your case and maintain open and honest communication. If talks with the other parent don’t work, you might have to go through mediation or court to create your custody agreement.
Schedule a consultation with Claery & Hammond, LLP by calling (619) 567-6704 or submitting an online contact form. Our attorneys help parents in San Diego through difficult child custody matters.
What Is a Custody Agreement, and Why Do You Need One?
A custody agreement, also known as a parenting plan, is integral to any child custody case. The document lays out a mutually agreed-upon plan between the parents. It outlines who the child will stay with, when they will transfer custodial care, and which parent is responsible for making decisions about the child’s schooling, healthcare, and other important matters.
Having a custody agreement in place allows you and your child’s other parent to understand your responsibilities concerning your child. It also prevents disputes from arising and protects your child’s best interests by laying out a practical arrangement.
What Factors Should You Consider When Starting Negotiations?
Negotiating a parenting plan can be challenging and stressful. When beginning talks with the other parent, the key is to keep your child’s best interests at the forefront of all considerations.
When creating your custody agreement, make sure it factors in your child’s:
- Age,
- Personality,
- Experience, and
- Ability.
Also, be sure that allows you and the other parent sufficient and consistent time with your child. Above all else, ensure that the plan will give your child stability while maintaining their sense of security.
During negotiations, consider physical custody (which parent your child will live with) and legal custody (which parent has authority over decisions for your child’s health, education, and welfare).
Considering these elements can allow you to create a parenting plan focused on your child’s needs and best interests and ensure they get the level of care they deserve.
How Can You Present Your Case for a Proposed Parenting Plan?
Going into a meeting to discuss a parenting plan can be intimidating. Before presenting your case, be sure you know California’s custody laws and parental rights. Also, have an idea of how you want the arrangement to look, but keep in mind that the final plan may differ. Remember, the ideal outcome would give priority to your child’s needs.
When expressing your wishes, be mindful of your tone. Speak calmly and clearly, and avoid casting blame or getting angry. When it’s the other parent’s turn to talk, suspend judgment and actively listen to what they have to say.
To facilitate an effective conversation, maintain an open mind toward different options. Think about the other parent’s motivations for their suggestions and how the proposed arrangement would benefit your child.
In the end, you and your child’s other parent may need to compromise to find the best solution for everyone involved.
The Importance of Maintaining Communication Throughout Negotiations
As a parent working through a custody agreement, keeping the lines of communication open throughout the process is important. That means expressing your needs clearly and specifically. You may also want to write things down to ensure that you and the other parent have a record of what was discussed. Additionally, when you make promises, follow through, as this gives more weight to future requests.
What Happens If the Other Parent Won’t Negotiate?
If your child’s other parent refuses to negotiate and you have tried being open to and respectful of their ideas, you may need to go through mediation to move things forward. During a mediation session, an impartial third party will facilitate communications between you and the other parent to try to come to a mutually agreed-upon arrangement. However, the mediator cannot make decisions – that’s left up to you and the other parent.
If mediation doesn’t work, a judge might have to get involved. They will make determinations based on the law, their discretion, and what they think is in your child’s best interests. The ruling might not be aligned with your family dynamics. To avoid going this route, finding common ground with the other parent may be beneficial, as it allows you to maintain control of the outcome and find solutions tailored to your family’s unique circumstances.
Can a Lawyer Help with Your Case?
Working with a family law attorney to negotiate a custody agreement can be beneficial. Being able to rely on their knowledge and insights during the process can help facilitate fair resolutions.
At Claery & Hammond, LLP, our San Diego team understands how emotionally challenging these cases can be and how important it is to seek a favorable result. We work diligently to protect the best interests of children and parents.
To speak with a member of our team, call (619) 567-6704 or contact us online today.