A parenting plan is required when couples are separating or divorcing and they have children together. The parenting plan helps parents navigate a co-parenting arrangement when they live separately. It should outline broad rights and responsibilities, as well as specific issues, like travel logistics and detailed schedules. A multi-state child custody attorney can aid co-parents in the negotiation and drafting of a parenting plan.
Parenting plans are typically created by co-parents working together. This method is also beneficial for the whole family, as it helps parents determine what works for their family’s schedule and build their foundation for effective co-parenting. The court also typically prefers it when parents work together for these same reasons.
Even when parents intend to cooperate and work together on their parenting plan, things can become frustrating and emotional. Understanding what needs to be included in a parenting plan can help ease the process.
What Should You Include in Your Parenting Plan?
Each state has its own requirements for what information has to be included in a parenting plan, but parents are not restricted to just that information. It is important that you look at the requirements in your state, as these elements are usually essential aspects. Your parenting plan should always have your children’s interests as the main priority.
While this does not cover everything that should be included in your parenting plan, some of the most important elements to include are:
1.Physical Custody and Parenting Time
A parenting plan should cover a child’s residency. This is the case whether parents have joint custody or one parent has primary custody. The plan should determine the child’s schedule between homes based on how much parenting time each parent has. When parents have joint custody, this split should be as close to equal as is practical.
There are many different options for splitting parenting time. The parenting plan should determine the basic schedule, addressing a child’s schooling and extracurriculars, holidays and vacations, and travel between homes. The plan should also address emergency situations where physical custody may need to temporarily change.
2.Legal Custody and Decision-Making
Parenting plans should address legal custody decisions. Shared legal custody is the most common form of custody, meaning both parents have a say in decisions about their children. This includes decisions about the child’s education, religious upbringing, healthcare, childcare, and special or emergency medical care needs.
Parents must determine many of these decisions in advance and list them in the parenting plan. They should also lay out how to make decisions together in the future.
3.Financial Responsibilities
This aspect of the parenting plan helps parents determine child support. Each state has their own guidelines for determining child support, and parents should follow this formula. Parents should also consider costs not covered by the typical formula and determine how to cover those expenses, either through increased child support or other methods.
A parenting plan may need to address basic childcare needs as well as extraordinary costs, such as private school and college tuition.
4.Modification of the Plan
The parenting plan should cover what events or circumstances should trigger modification of the parenting plan. Children’s needs change as they get older, and parents are also likely to have changing circumstances throughout their lives. Parenting plans should state when to change the plan and how that will be handled.
5.Communication and Resolving Disputes
Parents have to be able to communicate to make co-parenting work. A parenting plan should address how and when parents will communicate, how to minimize conflict, and how to handle emergencies. It should outline how parents will attempt to resolve disputes prior to taking the issue to court.
A parenting plan should also cover other specifics, such as:
- Custody if one parent is an active duty military member
- Any limitations on who a child can interact with
- How and when important information will be exchanged between parents
- How to handle either parent’s relocation
- The specific transportation methods, times, and places when a child switches homes
FAQs
Q: What Custody Arrangement Is Right for a Child?
A: There is no specific custody arrangement that is right for every child. Each child is different, and so are their familial circumstances. The custody arrangement that is right for a child will depend on their age, developmental level, needs, connection to their friends and community, and overall schedule. It will also depend on their relationship with their parents and their parent’s abilities and schedule.
A skilled attorney is useful for helping parents determine an effective custody arrangement that supports their children’s interests.
Q: What Is a Parenting Plan?
A: A parenting plan is a document made by parents who are divorcing or separating and is submitted to the court. The plan outlines each parent’s rights and responsibilities for the legal and physical custody of their child and the logistics of sharing that custody. It should cover issues like:
- How parents will make important decisions for their child
- Basic residency schedules for children
- Schedule changes for holidays, important events, and vacations
- How parents will communicate and resolve disagreements
Q: What Are a Father’s Rights in Missouri?
A: In Missouri, if a father has legally established paternity, their rights are the same as all parental rights, including:
- The right to request child custody and visitation
- The right and responsibility to provide or receive child support
- The right to make decisions for your child’s upbringing
The rights of both parents are automatically established if the couple is married, but unmarried parents will need to establish paternity for the parent that did not give birth to the child.
Q: Is Illinois a 50/50 State for Child Custody?
A: Illinois does not have a legal presumption for 50/50 child custody. Many family courts are likely to prefer joint custody, which enables both parents to spend as much time with their children as possible and gives them both a say in their children’s lives; however, this preference is informal. The court will review several factors to determine which custody arrangement is in the child’s best interest, which is often joint custody, but not always.
Protecting Your Family’s Interests in Parenting Plan Negotiations
Negotiations for a parenting plan are much simpler with experienced legal representation to help you. Contact Stange Law Firm today to see how we can help you.
