The acknowledgment of paternity (maternity)
The majority of custody cases are fixed before you get to the court – either as a result of informal negotiations between the parents or other parties (and their lawyers), or by means of an alternative solution of disputes such as mediation or the act of collaboration. Below is presented a discussion on the arrangements of guardianship and the approval of the court in custody cases.
What is a guardianship?
If the parents, or other parties that are vying for custody of a minor child (along with their lawyers), negotiate and settle matters related to the custody of (the) child(is) and the visits –either through informal negotiations or through processes outside of court such as mediation or the act of collaboration-the decisions of the couple will be written in a final agreement. In some states, this convention is referred to as “the agreement”, while in others, the document is called “custody agreement” or “convention of paternity”.
What should I include an agreement of guardianship?
Although the complexity and coverage of an agreement of guardianship vary from state to state, these agreements typically cover the following areas:
- Where the child will live (including housing agreements and the schedule of visits);
- If one parent will have primary physical custody, a detailed description of the visitation rights of the parent who does not have custody (including timing of visits);
- Who will be involved in major decisions related to the welfare and growth of the child (including health care, education, and religion);
- With whom will the child most of the festive dates, birthdays, and holidays (including calendar dates);
- How to address the contact with the grandparents, the family friends, and other persons; and
- How will you handle disputes and changes in the arrangements.
Agreements of paternity (maternity) and the approval of the Court
The acknowledgment of paternity (motherhood) is usually displayed to the judge for final approval. If the custody agreement is part of the divorce of the parents, it is sent to the court or to the county/district of the state court where you sent the divorce petition. The next step may be an informal hearing during which the judge will ask some basic questions, and will also ask the parties if they understand the agreement and agree to sign it voluntarily. As long as the judge is satisfied with what is fair in the negotiations, and the terms do not seem to benefit one party more than the other, with a probability that the convention will receive the aprobacián of the court.
In most states, custodial (or the agreement of guardianship), it becomes a binding order or “decree” that dictates the rights and duties of parents (and other parts). The parties must adhere to what was agreed or face the consequences. For example, if an agreement of guardianship became an order of the court and the said agreement is violated by the father, who repeatedly returned late to his daughter after the visits during the weekends, the mother could go to court to enforce the agreement and resolve the problem.