In many family law cases where there are children, a major objective is developing parenting plans that meet the needs of the children. As with any family law case where there are children, the court must place the children's best interests above any other considerations. (See our previous blog post about how the court determines the best interests of the children.) This means that in developing a parenting plan, the court will consider what is best for the children, following the best parenting approach.
Parenting Agreement Plan Types
There are several different common types of division of parenting time (formerly called “custody”), each customized to meet the needs of the family and ensure decision-making processes are clear and equitable. Shared parenting is when each parent has the children in their care at least 40% of the time. Primary care is when one parent has the children in their care more than 60% of the time. Split parenting is when each parent has at least one child in their primary care, and the other parent has designated parenting time.
No matter what parenting arrangement you have, you will need a plan for how to divide up parenting time and manage the logistics of co-parenting. These plans must be created to fit around the parents’ work schedules and routines of the children.
Parenting Plan Formats
One of the more common shared parenting plans is week on/week off, where each parent will have the children for a week, facilitating a clear and predictable parenting schedule. This plan often works better for older children, who can tolerate being separated from each parent for a week without detriment.
For younger children, shorter periods of parenting time may work better for the children to ensure consistent contact with both parents. Therefore, a shared parenting plan such as 2-2-3 or 2-3-2 may be more appropriate, where the children are not separated from a parent for more than three days at a time.
In a situation where one parent has primary care, the non-primary parent may have scheduled parenting time on every second weekend, and on one or more weeknights.
An effective parenting plan should also address how the parents will divide parenting time for vacations and holidays, ensuring the parenting schedule accommodates these periods. Often, this will include a plan so the children can spend time with each parent over major holidays and school vacations, such as summer vacation and March break.
Communication in Parenting Plans
Finally, an effective parenting plan will plan for transitions and communication, helping parents make decisions collaboratively as they navigate parenting after separation or divorce. Often, transitions can take place at school or daycare to minimize contact between parties and, therefore, the opportunity for conflict. The parents will also have to agree on how they will communicate about the needs and interests of the children, possibly including a parenting or contact order to formalize this. Usually, a plan will include that communication between the parents will remain respectful and focused on the needs of the children. If the parents are both respectful and able to communicate about the children, the plan can also include the ability to modify parenting time with reasonable notice and the consent of the other parent.
Get Family Law Assistance For Parenting Planning
As with all issues in family law, our experienced family law lawyers at Lenehan Musgrave are more than happy to help you develop parenting plans that work for you and your children. Contact Lenehan Musgrave Law's office today or complete the form below to schedule a consultation.
