in parenting contract, plan for future spouses
Posted on August 28, 2016
In parenting contract, plan for future spouses
Q. I’m in the middle of negotiations with the father of my children. Besides child support what terms and conditions should I be asking for?
A. This is the fourth in a series of articles about what to have in a Joint Managing Conservator (JMC) agreement – also called a Parenting or Separation Agreement. Last week’s article had a requirement for each JMC to determine if a person whom they want to move into their home has a record or is being accused of sexual abuse. Next we deal with possible violations of 2(b).
3 (a). A violation of 2(b) or 3 shall be deemed a material change of circumstances which, of itself, justifies the other JMC to file complaints for contempt or for modification of this agreement. That way, unless the parties can agree, the court can determine where, going forward, the children will be residing in addition to other then-relevant issues.
(b). If a JMC intends to either move into another person’s residence or to marry and live with that new spouse, that JMC has a duty – no less than 60 days before the anticipated date of move-in or marriage - to notify the other JMC in writing, email, or text to provide information about the date and place of that anticipated move-in or marriage, the full name and aliases and the date and place of birth of the soon-to-be spouse.
(c). No less than 45 days before the JMC who plans to move in or marry shall also provide the other JMC a written certification - signed upon his or her oath - that he or she has complied with the provisions of 2(b).
4. Complaints based on a violation of 2(b) must be filed in court within three months of the other JMC learning of a beach. The time for filing shall be extended if – but for no longer than six months - in the meantime, the parties have been attempting to resolve the issues. This delay shall not be deemed an acceptance by one JMC of the other JMC’s conduct.
At this point, the agreement should discusses the rights and obligations that each JMC has during their respective parenting time with the children.
5. During the time each parent has the children for parenting time, that parent shall have:
a (1). The duty to care and control and protect, and to provide reasonable discipline to the children.
(2). The JMCs shall make every reasonable effort to agree on and to administer reasonable discipline. If no agreement can be reached, the JMCs shall meet with a trained health care professional who can offer various ideas about styles, methods, and ways of trying to jointly, yet in their separate homes, reasonably discipline the children.
Next week, I will providing terms that may help get
children to “buy into” a plan that lets them control
themselves. If a parent hasn’t tried this before, it’s
never too late.