February 2018:
Lately I have seen several cases involving unmarried couples with older children. They have been living apart for several years, have never gone to Court for Orders as to parenting time and child support and have been doing just fine. Suddenly, however, they are no longer getting along for one reason or another, and due to the fact that there are no Court Orders in place, one party withholds the child(ren) from the other. Also, one party may suddenly be pursuing child support going all the way back to the birth of the child(ren).
What was once an amicable arrangement suddenly becomes a nightmare for the children, simply because their parents never made their original agreements a Court Order.
I am wholeheartedly in support of parents getting along for the benefit of the child(ren), and the more they can agree to the better. The problem becomes, if you don’t make the agreement a Court Order, then there is nothing to enforce if there comes a day when you are not so agreeable.
Instead of waiting for that day to come, and hoping it never does, a better way to handle it is to file a parental responsibility case sooner rather than later and make the agreements a Court Order. Most of the time, as long as you have guidance from a seasoned attorney who can craft a good Parenting Time Plan, the Court will sign off on it. Then down the road when things get rocky for one reason or another, neither party can change the agreement without filing a motion to modify with the Court.
Not only are you protecting yourself, you are protecting your child(ren). It is not usually a good idea to make sudden changes in parenting time, and your child(ren) usually do not respond well to this.
People seem to have the misconception that they can’t file a parental responsibility case if they are actually getting along. This is the furthest thing from the truth. In fact, that is the best time to file one as the costs will be much less and the process will be much easier and quicker. If you wait until it is too late, then you better be saving your money so you can afford an attorney to fight a battle that could have been avoided.
As to child support, if a paternity case is filed, it is possible to request child support back to date of birth as wells as reimbursement of costs associated with the birth. This is just another reason to make sure to deal with all of these issues in an agreement that is made a court order.
With proper legal help and advice, parties who have a child(ren) together and realize that they can’t live together but can co-parent can ensure that their agreements are made binding to protect both parents and the child(ren). A parenting plan can encompass parenting time, child support, day care costs, health insurance, tax exemptions, extracurricular activities and more. By having a parenting plan filed into a parental responsibility case and adopted by the Court as an Order, the parents will know that unless they mutually agree to a change in the parenting plan, nothing can be done without a motion being filed. This ensures consistency for the child(ren) and peace of mind for the parents.
Lately I have seen several cases involving unmarried couples with older children. They have been living apart for several years, have never gone to Court for Orders as to parenting time and child support and have been doing just fine. Suddenly, however, they are no longer getting along for one reason or another, and due to the fact that there are no Court Orders in place, one party withholds the child(ren) from the other. Also, one party may suddenly be pursuing child support going all the way back to the birth of the child(ren).
What was once an amicable arrangement suddenly becomes a nightmare for the children, simply because their parents never made their original agreements a Court Order.
I am wholeheartedly in support of parents getting along for the benefit of the child(ren), and the more they can agree to the better. The problem becomes, if you don’t make the agreement a Court Order, then there is nothing to enforce if there comes a day when you are not so agreeable.
Instead of waiting for that day to come, and hoping it never does, a better way to handle it is to file a parental responsibility case sooner rather than later and make the agreements a Court Order. Most of the time, as long as you have guidance from a seasoned attorney who can craft a good Parenting Time Plan, the Court will sign off on it. Then down the road when things get rocky for one reason or another, neither party can change the agreement without filing a motion to modify with the Court.
Not only are you protecting yourself, you are protecting your child(ren). It is not usually a good idea to make sudden changes in parenting time, and your child(ren) usually do not respond well to this.
People seem to have the misconception that they can’t file a parental responsibility case if they are actually getting along. This is the furthest thing from the truth. In fact, that is the best time to file one as the costs will be much less and the process will be much easier and quicker. If you wait until it is too late, then you better be saving your money so you can afford an attorney to fight a battle that could have been avoided.
As to child support, if a paternity case is filed, it is possible to request child support back to date of birth as wells as reimbursement of costs associated with the birth. This is just another reason to make sure to deal with all of these issues in an agreement that is made a court order.
With proper legal help and advice, parties who have a child(ren) together and realize that they can’t live together but can co-parent can ensure that their agreements are made binding to protect both parents and the child(ren). A parenting plan can encompass parenting time, child support, day care costs, health insurance, tax exemptions, extracurricular activities and more. By having a parenting plan filed into a parental responsibility case and adopted by the Court as an Order, the parents will know that unless they mutually agree to a change in the parenting plan, nothing can be done without a motion being filed. This ensures consistency for the child(ren) and peace of mind for the parents.
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