Custody agreements can make a child's life consistent and set clear expectations for parents. Life is full of changes, and your employment, residence, new spouses, or financial situation can change on a dime. Children grow up, start new schools, and develop emotional and educational needs. An agreement, which is appropriate now, may become out-of-date after several years.

With the help of our Sacramento, CA family law firm, you can create custody agreements that will be relevant for many years into the future.

What Does California Law Say About Child Custody?

According to California law, there are two kinds of custody: legal and physical.

Legal custody gives parents the opportunity to make important decisions on the child's behalf. These include health, education, and religious upbringing. Physical custody describes where the child lives and the time spent with each parent. Either can be shared or sole.

According to the California Family Code § 3011, the courts consider some factors while deciding custody matters. This includes the health and welfare of the child, history of abuse, and the amount and nature of their contact with each parent. 

In addition, California Family Code § 3020 sets the court's policy, which favors frequent and continual contact with both parents. However, equal parenting time is not mandatory.

Include Flexibility in the Parenting Schedule

One of the most effective ways to create a custody agreement that will stand the test of time is to build flexibility into the parenting schedule. 

A parenting schedule should include:

• Weekday and weekend parenting schedules

• Holiday schedule, school vacations, birthdays, etc.

• Custody exchange places and transportation

• A way to make temporary changes to the schedule

• Communication between parents and children

• Special events and extracurricular activities

The parents can agree on different schedules for the summer or winter or make the schedule flexible, allowing the parents to make changes in advance. This flexibility makes it possible to manage different situations and make changes in the agreement without violating it. 

Consider the Changes in Employment and Work Schedule

If one parent's employment situation changes, the custody agreement may need to be modified. For example, if one parent starts working nights or traveling for work, it may require changes to the agreement. The other parent might start working from home or have more opportunity to be with their children. In any case, changes in employment may require a modification of the agreement.

You can prepare for this situation in advance by informing the other parent. 

Another way to solve this problem is to include a provision about the right of first refusal. According to this provision, the parent gets the right to provide child care before the spouse enlists the aid of a third party. This provision is important and must be included in the custody agreement.

Changes in employment do not automatically require a modification of the agreement.

Plan for Relocation and Moving Disputes

Relocation is one of the most complicated situations a custody agreement can address. 

Under Family Code § 7501, a parent with decision-making authority can change their residence and move the child with them. The court can limit their right to move to a new county or state to protect the welfare of the child.

The process of changing residence can depend greatly on the custody agreement. If one parent has sole physical custody, the rules for moving differ from those with joint physical custody.

If one parent has joint physical custody and wants to relocate in such a way that it will influence the custody schedule, the parent must show that this arrangement is in the best interests of the child. Judges will take into account factors like distance, stability, and the relationship between both parents and the child.

It is useful for Sacramento parents to include relocation in their agreement. Factors like relocation, advance notice, changes in parenting time, transportation costs, and communication between both parties become vitally important. These provisions cannot change the authority of the court to evaluate disputes concerning relocation, but will provide solid ground for resolving such disputes. 

Consider the Changing Developmental Needs of the Child

An arrangement that is appropriate for a three-year-old child may become inappropriate when they become a teenager. 

Preschoolers usually need a stable schedule and frequent contact with caregivers. Older children usually have more academic and extracurricular responsibilities. Teenagers have their own needs regarding living arrangements and schedule.

According to the California Family Code § 3042, the courts take into account and consider the wishes of the child when the child is old enough to make reasonable decisions concerning their custody or visitation. If the child is 14 or older, they may address the court about custody and visitation, unless the judge believes it is not in their best interests. 

When children start attending elementary or middle school, the parents should include provisions concerning a review of the custody arrangement. 

The wishes of the child do not become a decisive factor for making the custody decision, and parents should not force the child to decide which parent is best. 

Create a Procedure for Resolving Disputes

In some cases, disagreements occur that are not directly addressed in the custody agreement. Parents might disagree about education, healthcare, extracurricular activities, and the child's schedule.

The California Family Code § 3083 gives the courts the right to establish the circumstances under which both parents agree to make decisions concerning the child when they share joint legal custody.

An effective agreement must include information about what decisions require joint consensus and the procedure for resolving those disputes. 

For example, the parents can agree that they will exchange written proposals and try to mediate the dispute instead of going to court. 

California courts usually require the parents to attend child custody counseling or mediation before holding a contested custody hearing before a judge. This can help the parents cooperate, but will not prevent them from judicial intervention if necessary.

Know When a Custody Modification is Needed

Despite the flexibility of the agreement, the parents should know the difference between informal arrangements and a legally enforceable custody order.

The California courts usually use a change in circumstances standard for modifying a custody determination. Under this standard, one parent usually must prove there is a “significant change in circumstances” that influences the child's welfare. Then the courts can change the custody arrangement. 

Temporary custody orders and some modifications of parenting time may be evaluated differently. Examples of such circumstances that support modification include significant relocation, changes in the children's needs, or serious issues related to parents' ability to care for their kids. 

To modify the custody agreement, the parents must file a Request for Order using the California Judicial Council Form FL-300. If the parents agree to modify the custody agreement in some way, they may include this agreement in the written stipulation.

Do Not Include Vague or Unenforceable Provisions

Custody agreements based on vague phrases, such as “reasonable visitation” or “mutually agreed,” work well for cooperative parents, but may cause misunderstandings in the case of conflict. 

For example, an agreement concerning reasonable holiday visitation, which does not specify dates and other details, could cause conflict between the parents. 

California courts value clarity and specificity in custody orders because they are easier to understand and enforce.

Also, it is not a good idea to include automatic custody changes based on specific events unrelated to the child's best interests. Instead, parents should agree on the process of reviewing custody to make changes. 

Contact a Sacramento, CA, Family Law Attorney Today

Wagner Family Law represents the interests of Sacramento parents who need to hammer out or revise a custody agreement. Call our office today to schedule an appointment, and we can begin reviewing your agreement right away,