{"id":3158,"date":"2018-08-06T23:06:09","date_gmt":"2018-08-07T06:06:09","guid":{"rendered":"http:\/\/scoresbyfamilylaw.com\/blog\/?p=3158"},"modified":"2019-11-23T22:26:35","modified_gmt":"2019-11-24T05:26:35","slug":"why-your-parenting-plan-matters","status":"publish","type":"post","link":"https:\/\/scoresbyfamilylaw.com\/blog\/2018\/08\/06\/why-your-parenting-plan-matters\/","title":{"rendered":"Why Your Parenting Plan Matters"},"content":{"rendered":"

A parenting plan<\/em> is a document which details the judge’s legal decision-making and parenting time orders in a family law case with children.\u00a0 \u00a0A parenting plan is required in every<\/em> case involving children.\u00a0 \u00a0When parents settle their case, the parenting plan contains the terms on which parents agree.\u00a0 When parents are unable to agree on any element required to be in a parenting plan, the judge determines that element.<\/p>\n

One purpose of a parenting plan is to designate legal decision-making authority as to the children’s education, medical care, personal care, and religious upbringing.\u00a0 Arizona law strongly favors joint or shared decision-making.\u00a0 Typically, a court will only award one parent sole legal decision-making authority when the other parent has a history of committing significant domestic violence, has an ongoing substance abuse problem, or has a serious, unresolved mental health issue.<\/p>\n

The parenting plan also sets forth the parenting time schedule for the children, including holidays and vacations.\u00a0 It is critical to define with specificity the start and end times for the parents\u2019 regular parenting time schedule, as well as vacation and holiday parenting time, in order to avoid any confusion or disagreement.\u00a0 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.<\/p>\n

A parenting plan must also contain\u00a0a procedure for the parents to communicate with each other.\u00a0 This communication provision should include the method and frequency of parental communication (for example, “‘the parents shall communicate with each other via email regarding the children at least once each week”).\u00a0 \u00a0If desired, a method of communicating with children may also be included, such as allowing telephonic or \u201cFaceTime\u201d access when the children are residing with the other parent.<\/p>\n

Finally, the parenting plan must address how disputes are resolved.\u00a0 For example, many parenting plans require the parents to attempt to resolve any dispute via mediation before bringing the issue to the judge for resolution.<\/p>\n

Some parents who settle their cases feel they do not need to precisely detail their regular parenting-time schedule, holiday or vacation schedules, or how they will make certain decisions for their children.\u00a0 They may feel they will \u201calways get along\u201d and agree how to parent their children.\u00a0 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.\u00a0\u00a0In fact, nobody monitors whether the parents are actually following their parenting plan.\u00a0 It is perfectly acceptable for parents to informally deviate from their parenting plan when both agree that a change would suit them or their children.<\/p>\n

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.\u00a0 The parenting plan is “the constitution” of parenting for a family that is no longer intact.\u00a0 And because, not surprisingly, disputes between separated parents regarding their children are quite common, spending the requisite time and effort\u00a0\u00a0up front\u00a0<\/em>to create a tight, detailed parenting plan often helps parents avoid the emotional and financial expense of future litigation regarding their parenting arrangements.<\/p>\n

A parenting plan is a critical document in any case involving minor children.\u00a0 It is the document referred to most often, and if drafted properly and thoroughly, it should settle many disputes and squabbles.\u00a0 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.<\/p>\n

Copyright \u00a9 2018 by Scoresby Family Law \u2013 J. Kyle Scoresby, P.C. All rights reserved.<\/p>\n

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