The Law offices of Arnold & Smith - John Price Carr House
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Can I Create My Own Child Custody Agreement?

The prospect of allowing a judge to make important decisions about your child’s post-divorce life is unnerving for many parents. This is quite understandable, especially since it stands to reason that a parent knows more about what is best for their own child than a judge. Parents with these concerns may search for a way to maintain control over their family by avoiding trials and handling these matters on their own. Fortunately, there are various options available to divorcing parents who wish to create their own custody agreement, and one of the most obvious choices is to work with a collaborative law attorney to draft a divorce settlement.

With help from a collaborative law attorney, you can work with your former spouse to develop the best possible parenting plan for your children. With this method, you do not have to simply leave such an important decision in the hands of a judge that knows next to nothing about the inner workings of your family. Instead, you can take into account various factors that affect your family to choose the best option for your children. Even better, you can keep these discussions behind closed doors to protect the privacy of your family.

In order to get started with a collaborative divorce, all you need to do is get in touch with a collaborative law attorney in North Carolina. Our legal professionals have the experience and qualification to handle collaborative divorces with confidence and efficiency, and we can guide you towards a positive outcome. It is best to book your consultation with a family law attorney as quickly as possible to get the ball rolling.

How Collaborative Divorce Provides Control Over Matters Related to Children

With a collaborative divorce, you and your former spouse can discuss among yourselves what the best way forward might be when it comes to child custody and child support. You may decide that the best option is to spend roughly equal amounts of time with the children and pursue shared physical custody. On the other hand, one parent might state that their work commitments make it impossible for them to care for the child during the week, and so both parents might agree that they should only get physical custody on the weekends. In other situations, one parent might decide to move away to a different state or a different country. In this situation, the parent that moves away might agree to receive custody during summer or spring breaks.

In terms of child support, parents may determine to simply follow the predetermined formula set forth by the state. Or perhaps one parent might agree to receive less than the normal amount out of consideration for their ex’s financial situation. In other situations, one parent might agree to pay more than the recommended amount, and they might agree to continue paying even after the child has turned 18. Both parents might agree that this makes sense if the child needs money for college tuition.

The bottom line is that there are many possibilities when you handle child-related issues with a collaborative divorce. Both spouses have total control and need not follow a predetermined formula set forth by the state. In this manner, they can create a post-divorce plan that serves everyone’s best interests.

Does Collaborative Divorce Serve a Child’s Best Interests?

You should also know that there is evidence to suggest that children benefit from collaborative divorces. This process is inherently less stressful on children because it takes a shorter amount of time to resolve. In addition, it can be productive and psychologically beneficial for children to witness their parents working together to resolve their differences in a constructive manner rather than fighting it out in court.

Can a Judge Alter a Divorce Settlement?

With all that said, it should be noted that under certain circumstances, a judge may be able to invalidate a marriage settlement if they believe that the conditions do not serve the child’s best interests. However, this is only really an issue if there are seriously obvious issues that put the child at risk in some way.

Enlist the Help of a Qualified Attorney Today

If you have been searching the North Carolina area for an experienced divorce attorney, look no further than Arnold & Smith, PLLC. Over the years, we have assisted numerous spouses as they try to do what is best for their children. If you have decided to move forward with a collaborative divorce, we can help. With this method, you can make important decisions for your children and maintain control over their lives after your marriage comes to an end. In many situations, this allows parents to serve their children’s best interests in the most efficient and careful manner possible. Book your consultation today, and you can take your first steps towards a positive outcome with our help.