The purpose of a parenting plan is to facilitate an agreement between the parents on how to deal with child custody issues. Parties can utilize a parenting plan as an instrument to make decisions that are best for their child, rather than requesting a judge to decide what arrangement is best.
Parenting plans address common issues of disagreement such as:
- When the child spends time with each parent (physical custody or parenting time);
- How to make important decisions about the future (legal custody or decision-making authority); and
- How to resolve conflicts.
Furthermore, for example, to assist parents in developing a parenting plan, the Maryland Courts have developed the Maryland Parenting Plan Instructions and Maryland Parenting Plan Tool. In this, the Parties will receive a copy of these at the first court appearance. They are also available on the Maryland Courts website. Depending on which state you reside in you can locate the parenting plan of your state and implement it in your case. For further assistance do not hesitate to reach out to a family attorney.
Parties can collaborate separately, together, or with the guidance of a mediator to develop a parenting plan. The goal is to develop a plan that reflects the best interest of the child and is workable and acceptable to the parties. The Parenting Plan Tool suggests some recommendations that the parents should keep in mind when working on a plan, including:
- Stability and the foreseeable health and welfare of the child;
- Frequent, regular, and continuing contact with parties who can act in the child’s best interest;
- Whether and how parties who do not reside together will share the rights and responsibilities of raising the child;
- The child’s relationship with each party, any siblings, other relatives, and individuals who are or may become important in the child’s life;
- The child’s physical and emotional security and protection from conflict and violence;
- The child’s developmental needs, including physical safety, emotional security, positive self-image, interpersonal skills, intellectual and cognitive growth; and
- The day-to-day needs of the child (including education, socialization, culture, religion, food, shelter, clothing, and mental and physical health).
Additionally, after the parties complete a parenting plan, they are required to submit the written agreement to the court. A judge will review the agreement while considering the best interest of the child factors. Later on, the parenting plan will be incorporated into a court order, and the terms of the parenting plan will be enforceable.
Why Are Parenting Plans Preferred?
No issue involved in a divorce is as important as a couple’s children. As time goes on, court systems have moved away from traditional terms like “custody” and “visitation” for more terminology such as “parenting plans.”
Parenting plans are written instructions regarding how parents will raise their children. They provide specific information relating to the children. While parenting plans may be informal and be an agreed-upon set of rules for the children, parenting plans are generally more formal. They may be admitted to the court for approval during a divorce or child custody case.
Furthermore, parenting plans may be agreed upon by the parents. This may be through their independent consultation, through an agreement reached in mediation, or an agreement negotiated by their family law lawyers. Some states require that all divorce cases involving children have parenting plans associated with them. If the parents cannot agree, the court may determine what is in the best interest of the children and may create a parenting plan that must be abided by the parents.
Also, children specialists have cited more positive effects when divorcing parents cooperate. Keep in mind that collaborations can make a tremendous difference in the lives of the family. However, when parents assist in creating the plan, they are less likely to follow up with the court in later cases involving the agreement. This prevents the wastage of time for the court and maximizes family harmony.
Moreover, parenting plans tend to be much more detailed than traditional standard custody or visitation orders. This is because they are based on the specific circumstances, preferences, and lifestyles of the parties involved and their children. A well-structured document can build clear guidelines for how parenting will be conducted even when the parties reside in separate households. These plans can establish crucial guidelines without creating unnecessary restrictions on daily life. Instead, parents are encouraged to do what is best for their children and a parenting plan maintains this focus.
The vast majority of divorces in the United States are negotiated outside the courtroom and terminated in some type of settlement. Parenting plans can be flexible and provide several solutions. Every parenting plan is different. But, some states have certain standards regarding information that must be contained in the plan. Usually, the plan should state when the child will spend time with each parent.
Lastly, there should be special considerations regarding the summer, other school breaks, holidays, vacations, and other times. It should consist of information about which parent will make decisions related to the child. It may contain instructions regarding daily decisions versus important decisions that both parents should consult on. It may also state what will occur if the parents cannot agree on a decision.
What Do Parenting Plans Generally Contain?
As mentioned earlier, certain items are included in these parenting agreements. It can contain information related to financial support. This may include a discussion related to baseline child support, as well as instructions regarding medical support, school supplies, extracurricular expenses, and post-secondary expenses.
Furthermore, it can include details related to the type of notification necessary if the parent moves. Parents can agree on anything so long as it is consistent with the law. Therefore, they can consist of provisions in parenting plans that may not even be traditionally ordered by the court, such as agreements related to holidays and time with extended family members.
Moreover, parenting plans may also have language that parents will participate in mediation or list contingencies if a certain event arises. For instance, if a child joins in an extracurricular activity, the parenting plan may specify that both parents are welcome to attend all functions and games and that the parent whose time it is will be responsible for transporting the child to the event. The parenting plan may contain provisions related to the consequences if a parent does not abide by some item in the parenting plan and how they can resolve future conflicts.
Parenting plans are significant because they can serve as the agreement and document that is in place until the child reaches the age of 18 or even longer. Therefore, they must encompass as many foreseeable issues and conflicts as possible. A family law lawyer can guide you to negotiate a parenting plan and make recommendations regarding specific provisions that should be included in this plan. They can also advise clients as to the legal consequences of certain provisions and discuss remedy options if the other parent does not follow the plan.
When Do I Need to Contact a Lawyer?
If you are having an issue with creating a parenting plan or having an issue with abiding by one, reach out to a local divorce lawyer to help you with your situation. Your attorney can provide the necessary advice and representation for your case.
