Divorcing parents in Florida and around the country are usually able to put their differences aside when they discuss child custody plans. Parents usually try to negotiate custody and parenting plans that will minimize the impact that divorce has on their children, but their focus on reducing childhood psychological trauma can sometimes lead to mistakes that make matters worse. Here are five common mistakes parents make when they negotiate the terms of child custody plans.
Mistake #1: Using Vague Language
Vague or ambiguous language in a child custody plan can lead to misunderstandings and disputes, which defeats the whole purpose of drafting the plan. Instead of providing the noncustodial parent with “reasonable visitation time,” the plan should spell out exactly when children will spend time with each parent. There may be language that allows for last-minute changes of plans, but the visitation schedule should be clear. A child custody plan should also address where children will spend public holidays.
Mistake #2: Not Including a Dispute Resolution Process
Even parents who divorced amicably can become embroiled in bitter child custody disputes. When a custody plan does not contain a provision for dealing with disputes, parents may have to go to court to resolve matters. Legal battles are expensive and courts are open to the public, so calling on judges to settle child custody disputes should be a last resort. To make sure that it is, child custody plans should include a provision that requires parents to attend mediation sessions before they take legal action.
Mistake #3: Failing to Include a Relocation Provision
Parents sometimes decide to move to a different part of the country to take advantage of job opportunities or help family members. When the relocating parent has primary custody of a child, the noncustodial parent may object to the move and petition the court to stop it. A relocation provision could prevent this kind of dispute by requiring any moves beyond a defined geographic area to be approved by both parents.
Mistake #4: Not Anticipating Future Expenses
A child’s needs will change as they get older and their interests evolve. If a child custody plan does not take this into consideration, parents may disagree about who should pay expenses that were not anticipated when the plan was drawn up. Disputes over unanticipated expenses can be especially contentious when one parent earns far more than the other.
Mistake #5: Not Including a Review Procedure
Child custody agreements are basically plans for the future, but the future is unpredictable. This is why child custody plans should have provisions that stipulate how the agreement will be reviewed and revised if the circumstances of the parents or children change. If a change is required and no review procedure is in place, the matter may have to be settled in court.
Avoiding Child Custody Disputes
Child custody disputes are often contentious and expensive, and they can cause children great psychological harm. This is why experienced family law attorneys may urge divorcing parents to think carefully when they discuss the terms of child custody plans. Vague language and missing provisions can lead to disagreements and court battles, but a plan that is clear and considers future needs could prevent disputes.