“Custody” is really not a term that is used
anymore…. “Conservatorship” is the more politically/legally correct term for
child custody arrangements. Most often,
parents are named “Joint Managing Conservators” with one being “Possessory
Conservator.”
The parents may enter into an agreed parenting
plan and if the court agrees that the plan is in the best interest of the
child(ren), the court shall render an order that matches the plan.
Remedies for enforcement of the agreed parenting
plan include all remedies for enforcement of a judgment, including contempt,
but NOT enforcement as a contract.
If the court does not find the parenting plan to
be in the best interest of the child(ren), the court may request a
revision. If the parents do not
satisfactorily revise the plan, the court can order its own parenting plan
after notice and hearing.
Parents feuding over custody arrangements can
agree to “Alternate Dispute Resolution (ADR).”
Parents can go to arbitration or
mediation. Both procedures are often
quicker and cheaper for all parties.
If feuding parents take their custody dispute
to binding arbitration, they are stuck with the decision of the arbitrator ….
As long as the court finds the arbitrator’s decision is “in the best interest
of the child(ren).”
“Mediation” is another ADR procedure to help
litigants work through their issues. A
mediated settlement agreement is binding on the parties when both parties and
any attorneys sign the agreement and there is bold, capital letters or
underlined wording that the agreement is NOT SUBJECT TO REVOCATION.
If a mediated settlement agreement is found to
be valid, the court will enter a judgment according to the agreement unless one
of the parties was a victim of family violence and his/her decision- making was
impaired or the agreement is not in the best interest of the child(ren).