The divorce procedure can be trying on all members of the family. One of the most important aspects to settle during the process is child custody. Generally, the best interests of the child are a top priority for both parents as well as the courts.
A parenting plan is a legally binding tool that sets out custody arrangements for both parents. Due to the binding nature of this agreement, it is pivotal that both parents end up with a plan that suits them, although modifications may be possible with permission. Occasionally, mistakes can be made that cause disruptions for children and parents alike. Identifying some of the more common errors could assist you in establishing a workable agreement with your former spouse.
Not including terms for travel
If your former spouse is from another country, or their work involves regularly traveling overseas, then it is important to consider including travel provision/instructions in your parenting plan. As the courts usually prefer both parents to be involved in a child’s upbringing, they will typically disapprove of situations where one parent takes off with the child to another country or state without first discussing the matter. If you believe that your ex is likely to take your child on spur-of-the-moment trips, then you should seriously consider including travel terms in your parenting agreement.
Terms that are too vague
Cooperation will be a vital aspect for both parents post-divorce. Although flexibility is possible when agreed upon, it is advisable to have a solid parenting agreement as a framework to work from. Not only will this provide clarity, but it also offers a means of resolving disputes should they arise.
Co-parenting after divorce can be challenging, but it is possible for both parents to make it work. If you end up in a dispute over child custody, it is important to understand your legal rights in New York.