2 Things You Need To Know About A Custody Agreement

Going through a divorce can be incredibly stressful for many reasons. You will have to divide the estate, learn to live a life on your own, and most importantly worry about the welfare of your children. In many divorces there are children involved, so there must be some sort of custody arrangement. Here are some things you need to know about custody and your divorce.

1. Custody Will Most Likely Be Split 50/50

It is important to realize that it is very likely that the custody agreement will be split 50/50 between both parents. This doesn't necessarily mean that one parent will have the child(ren) half the week and the other will get the other half, but that both parents will generally get an equal amount of time. For example, it may be every other weekend during the school year and then the whole summer with one parent.

The only case where you won't get 50/50 is if one parent is deemed unfit.  This only happens in severe cases. The parent must be living in a situation where they pose a danger to the child. Perhaps they are doing drugs, have been in and out of jail, or are unable to care for the child in some way. In addition, some parents choose not to take 50/50 and give the other parent more time. If this is the case, the parent who wants the children more can get more in the custody agreement so long as the agreement is uncontested.

2. Custody Will Have To Be Enforced If Not Adhered To

The custody agreement is a legal document. Once both parties have signed the agreement, you can hold the other person to it. For example, if you are suppose to have your child for a certain amount of time, but your ex-spouse fails to drop them off, or picks them up early, or doesn't give you the right amount of time, you can take it to court to have it enforced. In this case you would need to hire an attorney to represent you and your concerns. Most likely the problem will be fixed easily, so long as you have proof that your spouse has not been following the agreement.

If after the agreement has been executed and both spouses are unhappy with the terms, you can go back and revisit it and find a solution that works better for both parties.

By understanding custody agreements you can better be prepared for your divorce. Contact a legal office like the Law Offices of Gordon Liebmann to learn more.