Q: No custody order, trying a parenting plan, will the court take it into consideration?
There's no custody order between my Fiance' and her ex husband. Currently he has been dictating times and trying to set unrealistic times for pick up, drop off and days my fiance' gets her daughter. It's supposed to be a 50/50 split and their daughters mailing address is the same as my fiance's and mine. I have developed a parenting plan that outlines every aspect of the supposed agreement (ie; days, times, holidays, contact between). If i can get him to sign it and have it notorized will the court take the contract into consideration should he violate the terms of the parenting plan (not dropping off, not allowing pick up, changing time abruptly, etc...)? Would it be admisable in court and to what extent?
A:
Presuming he is agreeable to sign off on the terms of the agreement, I would suggest filing a custody consent order through your local court. Once both parties and the judge signs the order, it will be a legally binding document.
Our attorneys always remind parents that schedules that are agreed upon by both parties are often what's best for the family. We urge our clients to keep in mind that the judges don't know their family like they do, so sometimes it makes the most sense to negotiate a schedule with your spouse and memorialize the details in a Consent Order of Court for custody.
Lisa Marie Vari, Esquire
www.pafamilylawyers.com
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
