As newly separated parents in New York, one of your first tasks will be coming up with a plan to raise your children post-divorce. The parenting agreement, once approved by a judge, will be legally binding.
As you draft your agreement, you will want to make sure you are addressing the important issues relating to child custody and parenting time. These issues may include:
- Scheduling
- Vacations
- Transportation
- Decision-making
- Access to information about the child.
- Communication with the child.
- Dispute resolution.
Each parenting agreement is different, as it will be based on the needs of the child in question. Consider the following when drafting your agreement:
- The child: You should consider the age and health of the child, any specific needs the child has, relationship with parents and other family members, involvement with school and community, and preferences of the child (depending on age of child).
- The parents: Consider each parent’s location, age, health, income, substance abuse issues, if any, work schedule, relationship with the child, and ability to care for the child.
- Living environment: Consider the child’s current living environment and whether there has been a history of domestic violence in the household.
- Cooperation: Look at your and your ex’s ability and willingness to work together for the sake of the child and willingness to support each other’s relationship with the child. Also, consider what how you will work out any disagreements regarding the child.
Drafting a parenting agreement is not easy, even if you get along with your child’s other parent. If you are unable to come to an understanding, it may be best to have the court review your case and come up with an arrangement that will work best for your child.