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
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