Children are most important in divorce. Parents want to maintain relationships with them and be involved in the child’s upbringing. A parenting plan puts legal agreements in place to help parents understand:
- Custody
- Visitation rights
- Parenting plans
The plan for your children outlines specific co-parenting responsibilities, communications and logistics that are easy to overlook when you’re already going through an emotionally trying time.
At Wine Country Family Law, P.C., we can help with drafting an effective parenting plan.
Schedule a consultation with an attorney to learn how we can assist you with your plan.
What is a Parenting Plan?
Parenting plans outline how parents share the responsibilities and rights of raising their children. California requires that plans include:
- Legal custody
- Physical custody
During the divorce process and until a plan is in place, both parents maintain equal rights of the child. You can both make decisions for the child at this time and about their care, barring a court order that says otherwise.
Your parenting plan outlines the custody and visitation rights each parent has with your child. The courts must act in the best interest of the child, and this can mean that in some instances, one parent is granted sole custody of the child.
A parenting plan is a formalized agreement between both parents of minor children that is approved by the court and is enforceable.
What Should Be Or Is Included In A Parenting Plan?
Simple parenting plans often leave grey areas that comprehensive plans do not. Your plan needs to consider all aspects of the child’s life, such as plans for their education and health. Parents will also want to include co-parenting responsibilities and expectations.
For example, parents must maintain an open line of communication even after a divorce.
Your plan can include:
- Preferred forms of communication.
- The frequency of communications.
- Forms of communication you will not use.
Communication is an integral part of parenting, and while you might not remain best friends with the other parent, remaining cordial often works best for both the parents and children involved.
Logistical plans can change, but they should be added to your plan to make the life of your child easier. Perhaps one parent works nights, so the plan includes the other parent picking the child up from extra-curricular activities.
You’ll also need to consider:
- Childcare responsibilities
- Family events
- Other activities
The more comprehensive your plan, the less it will be up for interpretation in the future. Additional items that should be added include holiday and summer plans. Perhaps one parent has the child on Thanksgiving on even years and the other on odd years. Summer plans can also be added to make the transition easier on all parties.
If critical decisions must be made, outlining the ideal process is in your best interest.
Change is inevitable, and as your child ages or circumstances change, it’s necessary that plans will also evolve. Provisions can be added to your plan to dictate how a plan modification takes place.
Parents who can work through issues in the future without involving the courts often have an easier time raising their children together. If parents cannot agree on certain matters, they can revisit the plan to know which actions to take and when.
How Can An Attorney Help You Draft An Effective Parenting Plan?
An effective parenting plan is one that puts the best interests of the child first while honoring both parents’ needs, as much as practicable. An attorney will take the time to understand your unique situation and work with your ex-partner and their attorney to reach an agreement that works for everyone.
At Wine Country Family Law, P.C., we discuss what is non-negotiable for you and which issues have some flexibility for negotiation. We consider holidays and the work schedules and obligations of both parents to find an arrangement that is fair for all parties.
What Happens If There Is A Disagreement About The Parenting Plan With Your Spouse?
Child custody arrangements can often be a source of contention in a divorce. Both parents want what’s best for the child, but they may disagree on what that looks like.
When divorcing couples disagree about the parenting plan, a judge may need to decide on the matter. The judge will consider several factors when making a decision, including but not limited to:
- Each parent’s ability to care for the child
- The age and health of the child
- The child’s relationship with each parent
- The child’s ties to the community, home and school
- Whether there is a history of family violence and/or substance abuse
The judge’s decision will ultimately be based on the child’s best interests.
What If Changes Are Needed To A Parenting Plan?
Life changes. A parenting plan that works well today may not work well five years from now. Fortunately, sections 3087 and 3088 of the California Family Code allow parenting plans to be modified if it is in the best interest of the child.
Parenting plan modifications can be complex and challenging to navigate on your own. Having a trusted and experienced family law attorney on your side can make all the difference.
The attorneys at Wine Country Family Law, P.C. can walk you through each step of the modification process and avoid common pitfalls.
If you’re in the process of creating a new parenting plan, we can help you navigate this process as well and ensure that your child’s best interests always come first.
Contact our firm today to request a consultation and find the next steps in creating or modifying your parenting plan.
