Whenever a marriage dissolves, the courts need to take into account the arrangement for the children. Many times, splitting couples will draft a parenting agreement to ensure proper treatment, care, and schedules for the children. These are often in the best interest of the children, but they also help the parents outline their expectations and keep track of their parenting responsibilities as well. Our attorneys have helped draft many parenting agreements in Orlando when marriages dissolve or unmarried parents have children. There are a few common questions we should address about the legalities of parenting agreements.
When you and your ex or your co-parent chooses to develop a parenting agreement, you will be able to do this directly with your spouse, or you can hire the assistance of an attorney and develop it in mediation. Mediators are great options for those who need extra security about their choices. However, many parents are able to settle this without the courts as well.
If you and your ex cannot agree on a schedule that works for your parenting agreement, the courts will be able to determine a fixed schedule for you. They will decide upon the times and places that a parent who doesn't live with the children has their visitation. Once the courts issue this schedule, parents will have the option to petition the courts to change this.
Although they have the power to do this, it is a very rare and extreme event. This only occurs if the court is convinced that the parent is unfit or dangerous for the children. If they believe that the child is in emotional, physical, or mental danger when they are in the company of that parent, they have the right to take the child away. In all other cases, the courts are in favor of the children having relationships with both parents.
Parenting agreements may seem confusing, but they also allow the children to see other family members as well. Before you make any assumptions about this, be sure you talk with your attorney about your state laws. If the state does not believe that it is in their best interest to see grandparents or other relatives, the family can petition the courts to have this issue remedied.
These are a few of the common questions many of our clients ask about parenting agreements. As law-abiding citizens, people want to be sure that they follow the policies outlined in their agreement, as this could affect their relationship and time with their children. When you work to draft parenting agreements in Orlando, we can help prepare you for life as split parents. Contact us to schedule a consultation with our attorneys today.