When parents separate, regardless of the cause, one of the most crucial decisions that they will face is how to share responsibility for raising their child. Joint legal custody is a popular arrangement in which both parents share the right to make important decisions regarding their child including matters related to education, healthcare, religious activities, and more. One of the first steps in understanding the nuances of joint legal custody is learning how to create a joint custody agreement that works for both parties.
A joint custody agreement is an essential step in formalizing the arrangement to ensure that both parents remain involved in their child’s life. A well-crafted agreement will inevitably reduce future conflict and foster cooperation between the parents, thus ultimately benefiting the well-being of your child. Learn how to create such an agreement most effectively.
Understanding the Key Elements of Joint Legal Custody
For those unfamiliar with the term, joint legal custody means that both parents typically have equal authority to make major decisions for their child. These decisions usually cover areas like education, healthcare, and religion, as well as often include choices regarding things such as extracurricular activities and significant life events. While one parent may have physical custody of the child or children, joint legal custody allows the other parent to contribute to the child’s major life decisions and ensures they have a voice.
It’s important to understand that legal custody involves decision-making power as well as day-to-day care. Joint custody agreements are separate and distinct from physical custody arrangements, the latter of which simply dictates which addresses the child will reside at on a daily basis. Parents with joint legal custody still need to work closely together to ensure that their child’s needs are met and that they are able to maintain a stable and consistent environment for their child.
The Importance of Clear Communication Between Parents
Creating and maintaining a joint legal custody agreement will rely heavily on clear and respectful communication from both parents. Since each shares decision-making authority, both parents must work together to discuss issues relating to their child without conflict. The ability to collaborate effectively will be a crucial skill to avoid any misunderstandings and to ensure that both parents remain involved in the decisions about their child or children.
Setting up a communication plan is one of the first steps to establishing a joint custody agreement and often includes regular meetings to discuss the child’s progress, health, and activities. Shared digital tools such as calendars or co-parenting apps can also be used as a substitute to stay in touch for former partners who may have a little more hostility during in-person meetings. Even when disagreements arise, parents should always prioritize respectful dialogue as a calm and collaborative approach helps both parties work together for their child’s best interests.
Outlining Parental Responsibilities and Rights
A strong joint legal custody agreement will clearly define each parent’s responsibilities and rights, including specifying who will make decisions about the child’s education, medical care, and extracurricular activities. One parent may be more involved in decisions regarding the schooling of their child, for instance, whereas the other may focus on healthcare decisions. This obviously involves a mutual trust between partners that must first be established.
If the parents live in different locations, the agreement should also outline how they will manage their shared responsibilities. This means including details on how the parents will communicate with the parties they are responsible for talking to and how will attend certain appointments. The agreement should ultimately aim to ensure that both parents are involved in important decisions despite logistical difficulties. Both parents must have equal access to information regarding their child’s well-being, as well, which includes updates on health, academic progress, and other pertinent matters.
Create a Dispute Resolution Plan
While cooperation is key, it is likely that disagreements will occur from time to time. To prevent potential conflicts from escalating to the courts, it’s helpful to create a dispute resolution plan within the joint legal custody agreement. This plan should specifically outline how the parents will handle any disagreements about decision-making, including approved resolution methods.
One effective strategy to consider is to include provisions for mediation or arbitration so that both parents can agree to work with a neutral third party who can facilitate discussions to resolve issues. This can prevent the need for a court intervention and save both parents money while preserving a sense of normalcy for your child. In certain cases, parents may want to include provisions for family therapy which can help address underlying or deep-seated issues in order to bolster communication. Having a clear and structured approach to resolving disputes will allow both parents to avoid any unnecessary tension while maintaining a healthy co-parenting relationship.
Flexibility and Revisions in the Agreement
Most states provide provisions to change a joint custody agreement but it is not recommended unless there are major issues or items left out from the initial drafting. What is recommended instead is to make the joint legal agreement intentionally flexible to accommodate changes in the child’s needs or parents’ circumstances.
As a child grows their needs will inevitably evolve and parents’ schedules might begin to change as their lives evolve as well. This is why it’s necessary to include provisions within the agreement for periodic reviews, rather than opening the documents back up in court.
Legal Considerations and Court Involvement
Creating a joint legal custody agreement is a complex legal process and it must be formalized through the court to become enforceable. Although parents may negotiate the terms of the agreement on their own or with the help of a neutral third party, it must be submitted to the court for final approval. It’s recommended that parents work with a family law attorney when drafting their agreement to ensure it meets all requirements and to avoid needing to go back again for approval as this can be costly.
Develop An Effective Joint Custody Agreement
Creating a joint legal custody agreement that works requires communication, effort, and collaboration, but the results are more than worth it for your child. Focus on creating a plan that reduces conflict and allows both parents to be involved in their child’s life, thus providing a stable foundation for co-parenting for years to come.
