Q: Currently charged with DV which is not settled yet. My wife and I have agreed upon a fair sharing time, which include
Over night stays, of our 3 year old daughter. We’ve been on this schedule for a few weeks now. My question is if I file for a legal separation and my wife still agrees to this fair sharing time will a CFI still be required? If CFI not required could the courts decide on a different sharing time then the one we have already agreed upon?
A:
You are not required to have a CFI. You don't need one if you have a parenting agreement. The court may impose a different agreement but usually will accept whatever the parties agree to, unless the court finds that the agreement is not in the best interests of the child.
however, be aware that you may be subject to a mandatory protection order in the DV case. Your parenting plan will have to obey that order, or you will have to have the DV court modify that order. You should get a lawyer to help you with this.
A: Usually if parties agree to parenting matters, then a CFI is not required.
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