Amity Xu*
A parenting plan outlines how two parents will raise their child(ren) following separation or divorce. There are many factors to account for, and it can be a difficult process. This guide will look into what should be included, and things to take into consideration.
Child’s Best Interests
A parenting plan should prioritize the child in all facets. During the creation of the plan, the parents should reduce conflict and avoid having disputes when the child is around. Consider the child’s routines, needs, and their interactions with each parent. If a parent is unable to adequately provide the child with proper attention and care, this should be accounted for when determining who the child spends time with. If your child is a teenager and more mature, they may want to provide their own input in the plan.
Decision-Making Responsibility
There are different ways to split up decision-making responsibility; the type you should choose is entirely dependent on your situation. Joint decision-making responsibility entails both parents having, to some extent, a say in making major decisions for the child. They may independently make certain choices, but if it is a substantial matter, the parents must consult with one another. Sole decision-making responsibility, as the name suggests, is when only one parent has legal authority in making decisions. This could include the child’s health care, education, language, significant extra-curricular activities, and what religion they will grow up with, if any. There is some nuance to this; joint decision-making responsibility does not necessarily mean that both parents have equal authority.
Parenting Time
Parenting time, or residence, refers to the time in which a child is under the care of a parent. With shared parenting time, the child spends a substantial amount of time with both parents, who have equal responsibility to care for the child. This entails the child spending at least 40 percent of the time with each parent. Majority of parenting time is when the child spends more than 60 percent of the time with one parent. When more than one child is involved, the parents may have split parenting time, where each parent has the majority of parenting time with at least one of the children.
It is important to consider decision-making responsibility and parenting time separately, as having a certain type of decision-making responsibility does not mean you must have the corresponding form of parenting time, and vice versa. Parents may have sole decision-making responsibility, but shared parenting time, for instance. Again, this should be tailored to your situation, with the child’s best interests in mind.
Holidays and Special Occasions
It is important to address the handling of important dates; on major holidays, birthdays, or any other special occasions, you may want to deviate from your normal schedule. The child may wish to spend a holiday with a different parent depending on the year, or they may prefer to only spend it with one. A parent may also get busier around certain holidays, and will be unable to provide the child with sufficient care. The scheduling of important occasions should be decided in advance.
Travel
Parents will often want to travel with their child, the details of which should be outlined in this plan. Determine if travel should be allowed, and if so, how much time should be allotted to it. There may be restrictions put in place, such as limiting the location or length of the trip. Also determine if a parent should notify the other, and how far in advance this should be done.
Education and Extracurricular Activities
Depending on where your child attends school, you may want to modify the visitation schedule, parenting time, or other aspects of the parenting plan, to ensure their education receives minimal impact. Decide on who will attend your child’s extracurricular activities, and if tutoring is needed, then sort out the costs in advance. You will also want to ensure they have consistent travel arrangements to and from school.
Making Changes
Inflexible parenting plans could result in problems later on, whether this be major issues in the parents’ lives, the child changing substantially, a long-distance move, or any other factors. As such, you will likely want to outline the process for making revisions at the outset. You may also want to review your parenting plan at regular intervals to ensure it is up to date with your circumstances.
Legal Help
To protect your rights and better understand your responsibilities, it is advised that you speak to a family law lawyer who can help you negotiate a fitting plan. Even if both parents are able to speak with each other constructively, they should still have their own lawyers to advise and represent them during this process. Conflicts and disagreements may arise, and communication may fall apart; when there are difficulties, it is always beneficial to have a professional guide you through the process.
If you have any further inquiries, it is advised that you speak with an experienced family law lawyer.
* Amity Xu is a co-op student at the Law Office of Jeff Jiehui Li.