Custody Agreement Provisions

A child custody agreement is critical for successful co-parenting post-divorce. These documents influence how you will act as a co-parent and what your obligations are under the court and to the child. Agreements will discuss how you and the co-parent will work out living arrangements, as well as the child’s daily life – right down to healthcare, schooling, and even religion (if you choose). It is important that the custody agreement has clear definitions, and the best way to define issues that the state courts have not yet defined is through the use of provisions in the agreement.

Provisions will cover every aspect of your responsibilities as a co-parent, but they are not always 100 percent effective. Therefore, you should consult with your family attorney before adding provisions that may be too difficult or complex for even you to follow.

Before Adding Your Provisions

A custody agreement should be given a lot of time and thought. You need the agreement to be as thorough as possible so that there are no gaps. Before you add provisions, you need to address several major issues that must be accounted for, including:

1. A definition of the legal custody arrangement that you will have – this includes legal and physical custody of the child.
2. A definition of the type of physical custody that will be implemented and who will be responsible for the day-to-day care of the child, as well as their responsibilities.
3. A method for how any modifications will be made in the custody agreement including circumstances that could impact the agreement’s effectiveness.
4. A visitation schedule that helps determine physical custody arrangements and how the child’s time will be divided between the parents.

Creating Your Own Provisions

You will need to address all standards required by the state in your custody agreement. There are specific requirements all states have for custody and visitation, including minimum visitation standards. Once your agreement meets the state’s requirements, you can start adding your own provisions that you deem necessary for better co-parenting.

Some of the most common types of provisions that are added to custody agreements include how the child will interact with new partners; how parents can contact and treat one another; transportation arrangements; school options, etc.

If you want to add a provision but you and your ex cannot come to an agreement, you can present the proposed provision to a judge for determination. However, a judge will not approve unreasonable provisions.

If your provision contradicts the law or guidelines established by the state, you may have difficulty enforcing such provisions. You will need to present to a judge your valid reasons for creating the provision; otherwise, it is unlikely the judge will approve it.

Consult with a Family Attorney Regarding Your Custody Agreement

Developing custody agreements takes a thorough understanding of Nevada laws as well as family court requirements. If you are developing a custody agreement, speak with an attorney at De Castroverde Law Group today. We can help assess which provisions are necessary and reasonable in your arrangement and implement them. Contact us at 702-222-9999 or fill out an online contact form with your family law questions.