Key Concepts

Key concepts used in deriving this agreement:

The Courts are Blind
Courts don’t currently have an accurate process for determining which parent is better suited to raise kids. Therefore, the safest situation for the kids is 50/50 custody which:

  1. Insures both parents have equal access
  2. Prevents children from being forcibly removed from a nurturing parent or trapped with an abusive one
  3. Limits the potential for parental alienation scenarios
  4. Reduces wild, unbalanced child support situations

50/50 Not Always Best
Continuity of school and activities have a valid basis in arrangements that are best suited for children’s needs; often resulting in an unequal split.  Tying unbalanced custody situations to financial windfalls is extremely problematic.  Decoupling custody percentages and support will result in better custody scenarios for both parents and kids.

Volatile Early Divorce Years
Parents have reasons (including abuse) that require them to temporarily step away from their own kids.  The system needs to insure when they back away, the change is not permanent nor held against the parent long term.

Under this agreement, by design, a non-custodial parent can regain 50% equity of their child — in the child’s best interest — without interacting with the other party or going to court.

“Status Quo” not in Child’s Interest
If the child is with an abuser, he should stay there?  Status quo as a justification for custody needs to end.

Fallacy of “Ending the Divorce”
While revisiting the divorce annually is annoying, it is less harmful that losing long term access to kids which current arrangements encourage. Cooperating parents can simply re-ratify last year’s agreement.

Difficult parents may learn over time that not negotiating is forcing them into a rigid, court-mandated schedule.  Holiday schedules are purposely missing for this reason.

Money Talks
It is recognized that the long term success of an agreement of this sort is dependent upon eliminating more lucrative options.

Other Notes
Summer dates are being used to minimize impact to children’s school schedules

Read the AE5050 Custody Agreement

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