The fact that you and your spouse have reached an agreement on how you will care for your children is an accomplishment. In addition to being emotionally and financially draining for parents, litigating custody and parenting time issues can have a profound negative effect on children.
While you do not need a written agreement, it is strongly recommended that you have one. In addition, while you can prepare the written agreement yourselves it is strongly recommended that you consult with an attorney. The details of what is stated and what is not stated in the written agreement can be pivotal if issues arise in the future. For example, in the absence of an explicit provision in the written agreement detailing how medical decisions will be made for a child the custodial parent is presumed to have greater knowledge regarding the child’s need and is generally given the right to choose. This is also the case when it comes to detailing how the child’s religion will be determined. These are just two of the infinite list of examples that exist. As a result in most circumstances it is more beneficial to have a detailed written agreement addressing all perceivable issues.
Scott D. Danaher, Esq. is an Associate at Snyder & Sarno, LLC . A matrimonial law boutique devoted to their clients, their practice, and the continual study and research of family and matrimonial law. Snyder & Sarno LLC assists clients in resolving a variety of family law issues and can be reached at their offices in Essex County and Somerset County.