Child Custody | Divorce | Family
What Is a Parenting Plan, and How Can I Create One?
by Philip Ahn, Attorney
A parenting plan is a written agreement between parents who are no longer together that outlines how they will share the responsibility of raising their children. It covers custody schedules, decision-making, communication, and dispute resolution topics. Parenting plans are essential in helping divorced or separated parents create a stable home environment for their children during difficult times. Creating a parenting plan requires each parent to identify the specific needs of their children and work together to develop an agreement that considers those needs.
Child Support ensures that children receive the financial assistance they need from their parents. In most cases, the non-custodial parent pays the custodial parent a monthly amount based on their income and other factors.
This money then goes towards providing for day-to-day expenses like housing and food. Child Support payments may also cover a child’s health insurance and other additional costs.
Child Support payments are generally calculated based on state-specific guidelines considering each parent’s income and the number of children supported.
Sometimes, the court may modify the child support payment amount if certain conditions don’t occur
If a co-parent lives with older children not part of the child support agreement, they may still be eligible for financial assistance from the non-custodial parent.
A custody arrangement between the co-parents is necessary if a child lives with one parent more than the other. The child custody setup will outline how much time each parent spends with the child and provide guidelines for making decisions about the child’s upbringing.
Custody arrangements are necessary to ensure many parents remain involved in their children’s lives. In most cases, physical and legal custody of a child is awarded to one parent, while the other gets visitation rights. Depending on the situation, both ex-spouses may get joint legal and physical custody of the child.
If a parenting plan is not viable, the courts will determine a fair arrangement for the child’s best interests.
If only one parent has sole legal custody of a child, they have the right to make all major decisions on behalf of their child. They are responsible for providing the necessities of life, such as:
- Medical care
A Court Order In Child Custody Issues
Remember that a court order is necessary to uphold and enforce custody arrangements. To safeguard the child’s well-being, both ex-spouses should agree on a co-parenting plan with input from their attorneys and any other involved parties.
Physical Custody Arrangement
Both ex-spouses should discuss physical custody arrangements to protect the child’s best interests. The physical custody arrangement must allow the child quality time and experiences with both ex-spouses.
The custody setup should address how much time the child will spend with each co-parent and any other significant issues, such as major holidays. If the parents cannot agree, a court may determine physical custody through a hearing.
During the hearing, each co-parent will present their family law case, and a judge will determine what is in the child’s best interests and make a final decision on the physical custody setup. A parent can decide for a minor child, in consultation with the other parent
Creating A Parenting Plan
Creating your parenting plan tailored to your family’s needs is essential. A parenting plan should include an agreement between both parents regarding parenting arrangements and responsibilities involving the children.
Such a parenting plan checklist should include but is not limited to the following:
- Legal custody
- Physical custody
- Visitation rights
- Religion and spiritual matters
- Communication between parents and children
- Decision-making procedures
- Medical care decisions
- Educational issues such as attending parent-teacher conferences and school events
- Arrangements for the extended family functions
The parenting plan should specify a typical week in a joint custody arrangement, including which parent will be responsible for picking up and dropping off children on certain days.
The parenting plan should be dynamic as the child ages.
First And Second Parent In A Parenting Plan
In a parenting plan, one parent may be referred to as the first parent and the other as the second parent.
It is simply a way to differentiate between the two parties as they work together to determine how to raise their child. The first parent is usually the co-parent with primary physical custody of the child.
Modifying A Parenting Plan
If the parenting schedule does not suit one parent, the other parent can reasonably request a modification if circumstances change. Additionally, the other parent is obligated to address any such request promptly.
The court may also order a modification of the parenting schedule if the other parent can prove that doing so is in the child’s best interest.
A Parenting Schedule While In A Joint Custody With The Other Parent
A visitation schedule should be in place if the child is of a certain age and the parents are in a co-parenting relationship.
Parenting schedules are an essential element of successful joint custody arrangements. Both parents must agree to a regular schedule that works for everyone, including the children.
A good parenting schedule should be flexible and provide for the changing needs of parents and children over time.
The schedule should include time for both parents to have physical custody of the children and for both parents to have sole or primary custody.
When both parents have physical custody, they should coordinate to create a schedule that allows the children to spend equal time with each parent.
During primary or sole custody, the co-parent with physical custody should have as much time as needed to meet the child’s needs.
The Courts Can Consider Joint Custody
Courts typically consider joint physical custody when parents are willing to cooperate to meet their child’s needs.
Each parent has a right to joint physical custody, meaning both parents have equal time with the child. Alternatively, one parent can get sole physical custody.
A notary public is a public official authorized by state law to witness the signing of important documents and administer oaths.
Notaries are also responsible for verifying the identity of the signer(s) and ensuring that all parties involved understand the document’s contents.
Free Parenting Plan Template
A parenting plan template helps parents create a comprehensive plan for how they will co-parent their children.
The free parenting plan template should include sections that cover the following topics:
- Children’s schedules for when the children will be with each co-parent, including holidays and school breaks
- Responsibilities for each parent regarding decision-making and medical insurance for the child
- Communication plans for both parents and the child
- Financial responsibilities of each co-parent, including any child support arrangements
- Transportation arrangements for when the child will spend time with each parent
- Visitation rights and expectations of each parent while they are with the child
- The preferred method of conflict and dispute resolution procedures
Avail Parent And Child Details In A Parental Plan
Child details are essential for managing the parental plan. Caregivers should be able to access information about their children that includes:
- Health care status
- Educational history
- Any other pertinent information
This information will help the caregiver make informed financial and healthcare decisions for their child’s life.
Additionally, caregivers should be able to access pertinent information about their child’s guardians, such as contact information and emergency contact information.
Caregivers should also be able to view any relevant legal information related to their child, such as birth certificates and adoption papers. This information is for several reasons, such as proving identity and age or determining potential eligibility for benefits that the child may qualify for.
Opt For A Parenting Schedule That Meets Your Needs
When making custody arrangements, it is essential to remember that children benefit from having both parents actively involved.
It is also crucial to consider the day-to-day needs of your child and the practicalities of each parent’s work, parenting style, and lifestyle when creating a parenting schedule.
Creating a parenting schedule that works for both parents and allows regular visits is crucial to meet the child’s needs. The plan should also consider your child’s age and ability to handle household transitions.
Additionally, it is essential to communicate with your partner to ensure that the parenting schedule is flexible and can accommodate changes in circumstances.
Finally, it is essential to remember that modifying parenting schedules is possible. Suppose your parenting schedule no longer meets your or your child’s needs. In that case, discussing changes with your partner and potentially consulting an attorney or mediator is essential.
Determine How To Handle Important Decisions And Legal Custody In A Parenting Plan
Parenting plans are essential legal documents in the event of a divorce or separation. It outlines all related matters involving the care and custody of the children involved.
Parents need to consider how to handle important decisions and custody when creating a parenting plan.
When making important decisions regarding the child, parents must consider each other’s beliefs, values, and perspectives, as they may differ.
Decisions such as education, religious upbringing, medical treatments, and more should be consensus-based to ensure that both parents agree.
If the parents cannot mutually agree, they should consider having an impartial third-party such as a mediator, to facilitate the decision-making process.
Financial Obligations In A Parenting Plan
A parenting plan should contain a detailed outline of both parents’ financial obligations, including child support and any additional costs associated with raising the child.
It should also include a statement on how parents expect to cover medical and educational expenses and other costs related to the child.
Additionally, the plan should list the annual expenses each co-parent is responsible for and in what amount.
Finally, it should state a method to divide any unexpected costs arising during the parenting period. Parents can avoid disputes by setting out all financial obligations and responsibilities in advance to meet their child’s needs.
Identify What’s In Your Child’s Best Interests When Drafting Your Parenting Plan
When drafting a parenting plan, keeping your child’s best interests in mind is essential. You and the other co-parent should consider the following:
- The age and maturity of your child
- The types of activities they enjoy
- Their individual needs
- Any mental or physical health conditions they may have
The plan should also provide your child with sufficient time and access to both parents so that they can maintain close relationships.
Other important considerations are spending time at each parent’s residence and handling the child’s decisions, such as:
- School breaks
- Special occasions
Finally, you should include clauses that ensure parents can communicate openly and effectively about the following:
- The child’s health
- And general welfare
Focus On Your Objectives In A Parenting Plan
Parents must identify and prioritize their objectives when negotiating a parenting plan. Setting reasonable and achievable goals should be the priority for both parties.
Consider the following when developing your parenting plan:
- What are your long-term goals for your children?
- What is the best way to divide parenting responsibilities?
- Is there a way to foster positive communication between both parents?
- What is the best way to ensure parents are actively involved in significant decisions?
- How can technology effectively facilitate communication and interaction between both parents?
- How can a co-parenting plan include mutual respect, trust, and open communication
- What are the best ways to ensure your child’s physical and mental health matter when making decisions about their future?
An effective parenting plan requires regular reviews to ensure it reflects your children’s and parents’ current needs.
Identify Your Parental Rights In A Parenting Plan
Parents should be aware of the legal rights they have regarding their children. Knowing what is legally allowed by both parents can provide clarity and guidance when negotiating a parenting plan.
Parents should consider the following rights:
- Right to shared legal custody
- Right to visitation and contact with the child
- Right to make decisions about the child’s education and healthcare
- Right to have access to medical and school records
- Right to attend extracurricular activities with the child
- Right to use technology, such as video chat, to communicate with the child
- Right to reasonable contact with the other parent and access to information about the child
Adhere To State Parenting Plan Signing Requirements
Adhering to the state’s parenting plan signing requirements is crucial to ensure both parents can maintain their rights.
As a co-parent, you are responsible for being aware of these requirements and working with the other parent to create an agreement that works for both of you.
The state requirements may vary from jurisdiction to jurisdiction, so it is essential to consult with an attorney to determine the exact details that apply to your situation.
In general, state requirements for signing a parenting plan include the following:
- Both parents must read and understand the document before signing
- Each co-parent must sign and date the plan in front of a notary
- The notary should provide proof of the plan’s authenticity
- The parenting plan should be available in court within a certain period.
How To Submit Your Parenting Plan To The Court
If you and your co-parent have created a parenting plan, it is essential to submit it to the court. Doing this provides legal protection for you and your family. Here is a step-by-step guide to filling a parenting plan in the court:
- Submit forms: Review and complete the necessary documents from your local courthouse. Depending on the state or county, these may include a petition to establish a parenting plan, certification of compliance, or other forms.
- Include supporting documents: Along with the forms, you may need to include other documents, such as a signed parenting plan or birth certificate.
- File the forms: Make sure to submit all the documents with the appropriate filing fee to the court clerk.
- Schedule a hearing: Once you have filed, you may need to set a hearing date with the court. You and your co-parent can present the parenting plan to a judge for approval.
- Prepare for the hearing: Review your parenting plan before the hearing. Also, make sure to dress appropriately and bring any necessary documents.
A Parenting Plan And How To Create One Faq
Are you seeking information on creating a parenting plan and your related legal rights? An attorney has answered some commonly asked questions to provide you with clarity.
Can You Draft Your Parenting Plan?
Yes, you can draft your parenting plan. A parenting plan is a document that outlines the legal and physical rights of each co-parent regarding their child or children. It is a legal agreement that can be enforced by the family court if necessary.
When creating your parenting plan, it is crucial to consider the best interests of your child(ren).
The plan should include details on how co-parents will make decisions regarding their children and how they will share physical custody and health insurance costs and provide an appropriate timeline for parenting time. It should also include a plan for disputes, if necessary.
What Paperwork Must You Submit For A Child Custody Agreement?
When filing a custody agreement, certain documents must be submitted for the court to review and approve your request. These documents include the following:
- Custody Agreement – The custody agreement states the terms and conditions of the custody arrangement between you and your ex-partner. It should include information such as who has primary custody of the child and how to arrange visitation rights.
- Financial Declaration – A financial declaration is vital to determine the child’s needs and what type of support each parent can provide, including information about both parents, such as income levels and assets.
- Education Plan – The education plan outlines the plans for the child’s education, including where they will attend school and who will be responsible for paying tuition or other educational expenses.
- Parenting Plan – The plan outlines how the co-parents will co-parent through communication and decision-making processes. It also outlines how the parents will share custody and visitation schedules.
- Character Reference Letters – These letters emanate from people who know both parents and can provide information about their parenting ability, lifestyle, and character.
What Information Should You Include In Your Parenting Plan?
When creating a parenting plan, it is essential to include details to help you and your co-parent understand each other’s expectations and responsibilities, including information about the following:
- Custody and visitation: Who will have legal custody, and what is the visitation schedule?
- Transportation: Who will transport the child between homes, and how will that be handled?
- Communication: How will parents communicate with each other and the child?
- Parenting Decisions: Who is responsible for making decisions about the child’s health, education, and other important matters?
- Financial support: Is responsible for providing financial support to the minor child?
- Holiday and Vacation Schedules: What are the expectations for holidays such as Father’s and Mother’s Day, vacations, and summer breaks?
- Resolving Conflict: What steps to take to resolve parental disagreements?
Hire An Unbundled Law Firm For Legal Advice While Drafting A Parental Plan
Drafting a parental plan yourself can be very difficult and time-consuming. Knowing where to begin and how to handle all the legal aspects is hard.
Do you want to risk doing it wrong? Specific errors can leave you vulnerable in family court and cost you money in the long run.
An unbundled attorney can provide practical legal support whenever you need it without breaking the bank. The legal fees charged by an unbundled attorney are affordable and typically range from $500 to $1500, whereas a typical lawyer may charge $5000 or higher.
Unbundled legal services may not be suitable for all cases, but they can be beneficial when you only need a lawyer for a limited amount of assistance.
Hire an unbundled law firm to protect your parental legal rights.