WE CARE LEGAL SERVICES
(1-855-LAW-FAMILY)
Available 24/7 for Divorce, Child Custody, Support, Protection From Abuse, and Adoption Assistance.
www.WeCareLegalPa.com.
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By Jan Grossman, Esq.
“But my Ex and I have a notarized paper with our custody schedule on it!”
You had the best intentions, but unfortunately, your notarized “CUSTODY AGREEMENT” is not enforceable in Pennsylvania. You actually need a Custody Stipulation signed by a judge that is turned into a Court Order. Only a Court Order can hold both parties accountable to the Court for enforcement. I can’t tell you how many people come into our offices explaining that they have a “notarized custody agreement” and are surprised to learn, once the other party violates the agreement, that there is no legal recourse.
For a reasonably low payment plus a filing fee paid to the court, we can construct a Custody Stipulation, including all of the terms both parties desire and present this Stipulation for a judge’s signature and entry as an enforceable Court Order So, what special provisions can you include in one of these Custody Stipulations, anyway?
Spend a minute going over the following list and circle every one you think can be included:
- What is the regular custody schedule?
- Which sports team do they play on?
- Who is allowed to drive the kids?
- Which weeks are vacation weeks?
- Where do the kids go to school?
- Who claims the tax exemptions for which kid?
- Who is the pediatrician?
- Which movies are the kids not allowed to watch?
- Where and if are the kids going to camp?
- Which parent holds the passports?
- What are the kids allowed to eat?
- Which parent checks the homework?
- Can the new boy/girlfriend meet the kids?
- Who can pick up from school?
- Who talks to the kids about sex?
- Whether the kids go for therapy?
- Can the kids leave the state?
- Do the kids have an IEP?
- Which church will the kids attend?
- Will the kids be in the band, orchestra, or choir?
- Who has the kids on Super Bowl Sundays?
- Will the kids take Spanish or French in school?
- How much notice do you give your ex before you are allowed to change residences?
If you circled all of the above, you are correct!
When it comes to sitting down with your Ex and creating the specifics of a Child Custody Stipulation, there’s very little you cannot include. You can draft a Stipulation as short as half a page, or as long as a Harry Potter book.
If you can’t come to an agreement about custody and you have to litigate your custody case before a judge, there’s very little chance a judge will include all the details you’re looking for and your custody order will end up being general. What’s worse, the decision as to how your children will live their lives is no longer in your hands, but in the hands of a judge who does not know you or your children very well. Your hostile custody litigation could cost you in lawyer fees 100 times the cost of an agreed-upon Stipulation, but, most importantly, the emotional cost of hostile litigation on your children can be devastating.
At WE CARE LEGAL SERVICES, we make it our priority to explore peaceful custody resolutions before recommending litigation. If a child custody suit is unavoidable, we educate our clients as to their custody options so that the client can make an educated decision as to how to proceed. A client comes to us with child custody questions, and they leave our office with thorough answers and the reduced stress of finally understanding the legal system that they find themselves in.. Most importantly for us, however, is that our clients feel comfortable with us; and that the client knows that we will be there for them. Our attorneys have handled thousands of custody cases, and some of us have even gone through the process with our own children. We want you to know that we are here for you, 24 hours a day, 7 days per week.
