In cases where children are involved, the final agreement regarding custody (now referred to as “legal decision-making”) and parenting time is memorialized in a document known as a PARENTING PLAN. This document is typically attached to the final order such as a consent decree of dissolution of marriage, an order of paternity or an order modifying legal decision-making and/or parenting time. However, if the parents reach an agreement regarding legal decision-making and parenting time prior to agreeing on all issues, the parenting plan can be adopted as a temporary order or even a final order of the court before the remaining issues are resolved.
Parents who are able to reach agreements regarding terms of their parenting plans may feel it is not necessary to spell out precisely and in detail their regular parenting-time schedule, holiday or vacation schedules, or how they will make certain decisions for their children. They may feel they will “always get along” and be able to agree how to parent their children. As long as these parents continue to communicate with each other regarding their children and come to agreements, they may be able to get by without a detailed parenting plan. When disputes arise, however, the parenting plan is the governing document that determines how decisions are made for the children and where the children spend their time. The parenting plan is the constitution of parenting for a family that is no longer intact.
Because the parenting plan governs legal decision-making authority and parenting time, it is important to have a well-drafted and extremely thorough document. If any provisions of the parenting plan are vague or ambiguous, it is an invitation for future bickering and potential litigation. Even if the parents are amicable and on good terms at the time the parenting plan is drafted, they should be as specific and detailed as possible in order to avoid future disagreements.
One purpose of the parenting plan is to designate legal decision-making rights – whether the parents share joint legal decision-making or whether one parent is granted sole legal decision-making. The parenting plan also indicates each parent’s rights and responsibilities for the personal care of the child or children and may detail how decisions regarding the children’s education, health care and religious training will be made when the parents are unable to agree on their own.
The parenting plan also sets forth the parenting time schedule for the children, including holidays and vacations. It is extremely important to define with specificity the start and end times for the parents’ regular parenting time, vacation and holiday parenting time to avoid any confusion or disagreement. The parenting plan should also include a procedure for the exchange of the children, including the location for the exchanges and the responsibility for transportation.
Finally, a procedure for communicating with each other about the children, including methods and frequency, should be included in the parenting plan. If desired, a method of communicating with children can also be included, such as allowing telephonic or “face time” access for a parent during times the children are residing with the other parent.
It is extremely important to be precise and detailed when drafting a parenting plan. If details are not included and times or dates are left “to be determined”, the parents may end up back in court when disputes arise. Parents may believe they would never argue about holidays or exchange times of their children, but people change. Lives evolve and grow. New spouses become involved, and what worked previously may no longer work.
A parenting plan is a critical document in any case involving minor children. It is the document referred to most often, and if drafted properly and thoroughly, it should settle many disputes and squabbles. Parents should engage experienced family law attorneys to assist in drafting comprehensive parenting plans that will help the parents minimize future litigation regarding their children.
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