If the co-parent refuses to sign the parenting plan, how should I proceed?

My kids' mother and I separated about two years ago, and we both agreed to split everything 50/50 regarding child custody and expenses. Unfortunately, we never put it in writing, and we don’t have a court order. I just created a parenting plan here. As far as custody goes, there are no issues. The issues arise when it comes to our kids' expenses—she does not contribute, even though she agreed to. What do I do if she doesn’t want to sign the parenting plan that puts our verbal agreement into writing?
May 1, 2025 13 3

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Hello, I have a question. My kids' mother and I separated about two years ago, and we both agreed to split everything 50/50 regarding child custody and expenses.

I understand that you and your children’s mother agreed to split custody and expenses equally. Have there been any recent changes or issues regarding this agreement?

Unfortunately, we never put it in writing, and we don’t have a court order. I just created a parenting plan here. As far as custody goes, there are no issues. The issues arise when it comes to our kids' expenses—she does not contribute, even though she agreed to.

Are there any specific concerns or conflicts that have arisen between you and the children’s mother recently?

The most recent issue was when I asked if she could pay for our son's haircut, as I've been covering it for the past two years. She refused. The same goes for our daughter’s extracurricular activities.

Is there anything else the family lawyer should know before I connect you? Rest assured they’ll be able to help regarding your children’s expenses.

What do I do if she doesn’t want to sign the parenting plan that puts our verbal agreement into writing?

Angelo M

Greetings! I hope this message finds you well. Thank you for choosing AskaLawyer. My name is Angelo, and I'm an experienced and licensed attorney with over 40 years of practice.

Hello Angelo, nice to meet you. I just created a parenting plan on eForms. If the co-parent does not want to sign, how should I proceed?

Angelo M

It sounds like there’s a verbal agreement between you and your children’s mother, but no written or court-ordered arrangement. Verbal agreements can be hard to enforce, especially during disputes.

Since you’ve drafted a parenting plan, that’s a good step. If she refuses to sign it, consider seeking mediation or family counseling to help resolve the issue. If that fails, your next option would be to petition the court for a custody and support order.

A judge can formalize the arrangement, making it legally binding—including shared expenses like haircuts or extracurriculars. Start keeping detailed records of all the expenses you’ve covered, and any related communications, to support your case in court.

How do I go about getting a court order if it comes to that?

Angelo M

To get a court order, file a petition for custody and child support with your local family court. Include details of your current arrangement, the parenting plan, and the expenses you've paid.

The court will schedule a hearing where both of you can present your case. Be sure to bring any evidence—receipts, texts, emails, etc.—to support your claims.

Copy, thank you for your help.