Parenting Agreement – for the benefit of parents and children
In recent decades, there has been a growing trend towards establishing different types of families in which the child’s parents are not married, alongside families in the traditional structure of mother, father, and children.
As a result of this trend, the main element in the definition of family is parenthood, not necessarily the marriage bond. A parenting agreement meets the natural human need to bring children into the world and exercise parenthood without regard to marriage.
Who is the agreement intended for?
The parenting agreement can also be suitable for married couples, but its main use is as an alternative for couples in divorce proceedings. Divorce As well as for couples who have given up on the traditional model and are interested in having a child together without institutionalizing the marital relationship.
For example, for couples who are in a romantic relationship without marriage, for women who have not been able to achieve a marital relationship and are interested in becoming pregnant, for same-sex couples, and for Couples living together as public knowledge.
A parenting agreement, also known as a shared parenting agreement, is a contract between two parents who wish to regulate their relationship on all issues related to their common child, whether they decided to bring him into the world together or not. It was decided to adopt Or the birth of the child by one of the spouses.
What actually is written in the parenting agreement?
The agreement formulates in detail the principles of shared parenting, including the personal and financial rights and obligations of the parents in the matter. Payment Alimony and the arrangements for seeing, educating the child, and his place of residence.
The agreement also regulates the division of parental responsibility in the event of the parents’ separation – when they sign the agreement while in a marital relationship.
When do you sign?
The agreement is signed before birth and sometimes before the decision on shared parenting – even during the pregnancy planning stage, and it is of great importance that the parenting agreement is written at the initiative of the parents, because unlike other cases, the agreement is not forced on the parents, but rather they prepare themselves in a balanced manner for parenthood and draw up an agreement in a planned manner that regulates the division of the burden between them.
The parenting agreement also provides a solution to the needs that arise while raising the child and to disputes that may arise in the future.
In the event of divorce, the parenting agreement is of great importance. In order to ensure the child’s healthy emotional, social, and intellectual development, it is important that both parents be active and present in the child’s life.
This is where the parenting agreement comes into play, which promotes the parents’ partnership in raising their children even after divorce and is intended to prevent, as much as possible, future conflicts over issues of parental responsibility, alimony, custodyThe child’s place of residence, etc.
What is important for parents to pay attention to?
The important sections to be careful about when drafting the agreement are those dealing with custody and child support. Other topics include visitation arrangements, pregnancy planning, the child’s name, and ways to resolve disputes.
The custody section will determine whether Parental responsibility will be shared. Or it will be primarily assigned to one of the parents. In the event that it is decided that one of the parents is the custodian, he will be the one who bears the primary responsibility for raising the child.
As part of the custody issue, it will also be written where the child will live and who will be defined as the guardian (one or both parents).
Regarding child support, all expenses related to raising a child must be included: food, clothing, tuition for educational institutions, medical expenses, rent and current bills, as well as payment for private lessons, classes, travel and games.
According to the law, until the child reaches the age of 6, the father is responsible for the child’s needs, and from the age of 6 to 15, the father bears the basic expenses (food, clothing and footwear, sharing in the rent and household expenses) and the additional expenses apply to both parents according to their ability.
From the age of 15, the parents share the child support payment equally. The amounts are determined according to the custody agreement.
Since the law applies to both married and unmarried parents, the rules are legally binding when determining the amount of child support or in the event that a child support claim is filed. In any case, it is important to ensure that everything written in the parenting agreement does not harm the child’s right to child support..
Visitation arrangements are also determined in advance in the parenting agreement and depend on the nature of the custody.. If joint custody has been establishedParents will divide the time spent with the child equally.
In the event that one parent’s home serves as the child’s primary home, it will be determined on which days the other parent is responsible for the child and which parent will stay with the child during illness, vacation or travel. This section will also regulate stay with the child during holidays, vacations and outings.
Another issue that must be taken into account in the agreement is pregnancy planning. Since the parenting agreement is drafted in the period before pregnancy and birth, it is important to regulate this issue, which includes choosing the doctor responsible for monitoring the pregnancy and tests, how the expenses related to pregnancy and birth will be financed, and who will be present at the tests.
The child’s name is also an issue that needs to be considered. In light of the fact that the couple is not married and in order to avoid future arguments, it is recommended to decide in advance whether the child will bear his father’s last name or remain with the mother’s last name.
In the dispute resolution section, it is important to define in the parenting agreement measures agreed upon by both spouses in the event that the need to resolve disputes arises in the future. For example, the two can determine that in the event of a dispute, they will contact a lawyer, mediation procedure Or even for treatment.
In terms of the validity of a parenting agreement, the agreement is considered a legal contract signed between the two parents, and therefore the arrangements it includes have binding legal validity.
It is customary for the agreement to be signed before birth and sometimes even during the pregnancy planning stage, but approval is required. Home Family Law Only after birth, so it is recommended to obtain the approval immediately after birth. Parenting agreements are accepted in court as documents that have the force of a judgment.
The parenting agreement can be prepared by lawyer Or a mediator. In the event that a lawyer is assigned to the matter, it is recommended to use a family law lawyer who is knowledgeable in the field, familiar with the legal situation, and ensures that the agreement is consistent with the court’s view that the best interests of the child must be considered first and foremost.
Drafting a parenting agreement during mediation may resolve disputes between spouses in divorce proceedings and prevent court involvement by way of compromise.
In this case, the couple will gain, in addition to the shared parenting agreement, the opportunity for good communication that will benefit their relationship and, of course, contribute to the well-being of their common child.
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