If you have children, you will have to resolve custody issues between yourself and the co-parent after a divorce or separation. It’s crucial to determine child custody and parenting responsibilities, and a parenting plan is an essential document that can guide you in navigating a complex family situation with your children.
- What Is a Parenting Plan?
- What Child Custody Options Are Available in a Parenting Plan?
- What Is Included in a Parenting Plan?
- When Is a Parenting Plan Needed?
- What Are the Benefits of Having a Parenting Plan?
- Do I Need a Parenting Plan?
- Can I Modify a Parenting Plan?
- Where To Get a Free Parenting Plan Template
- Frequently Asked Questions
What Is a Parenting Plan?
A parenting plan is a document detailing how you will parent your children moving forward after a divorce or separation. It outlines the responsibilities between parents after they are separated. With a parenting plan, there can be a great deal of flexibility which allows you to create an agreement that fits your current circumstances.
These agreements are documents created by the parents of the children that outline the relationship between the parties. A parenting plan may be referred to by other names, including:
- Child custody agreement
- Child custody agreement letter
- Parenting plan agreement
- Parenting time agreement
- Shared custody agreement
Separated or divorced couples often include a parenting plan in their separation and divorce agreements to deal with custody issues. When children are involved, the parents must allocate parenting responsibilities to prevent any future conflicts or disagreements.
What Child Custody Options Are Available in a Parenting Plan?
In a parenting plan, parents are allowed to choose the custody option that is right for them. The agreement will first identify the parents as “First Parent” and “Second Parent” to distinguish their custodial rights and responsibilities from one another.
Parents may choose from different child custody options, and they will ultimately decide on the arrangement that best suits their circumstances. These are the most common custody arrangements:
- Sole Legal Custody: Only one parent has the right to make legal decisions for the child, including health care, education, religion, and much more.
- Joint Legal Custody: If both parents wish to have joint responsibilities, they can share legal custody of the child and make legal decisions together.
- Sole Physical Custody: Physical custody pertains to who the child lives with and outlines visitation rights for the non-custodial parent. Agreements about cost-sharing and child support are often included in this section.
- Joint Physical Custody: Both parents have an equal or significant amount of time with the child and share physical responsibilities. They also have an equal say in the child’s welfare, education, and religious beliefs.
What Is Included in a Parenting Plan?
A parenting plan outlines the responsibilities of both parents. As it is legally binding, the parents should include any requirements to ensure the other parent follows.
You can add many details to a parenting plan based on you and the co-parent’s circumstances. You can design the document to fit your family’s particular requirements. A well-designed plan can support a healthy and effective family relationship, even between separated couples.
Items often included in a child custody agreement include, but are not limited to:
- Agreed custody arrangements
- Parenting/visitation schedules
- Holiday schedule
- Medical decisions & health insurance
- Communication methods between parents
- Child support/expenses
- Other terms as agreed by parents
As the document is an agreement between two parties, you can create the ideal shared parenting situation that will suit you and the co-parent. Detailing parenting time and how you two will handle responsibilities is key to protecting your children’s well-being and avoiding potential arguments in the future.
When Is a Parenting Plan Needed?
In any situation where parents of children are separating, it is crucial to have a parenting plan in place. Whether you’re getting a divorce or simply breaking up, you should always keep the welfare of your children in mind.
Most courts will require a parenting plan as a part of any custody arrangement. However, if the parents cannot agree on the terms in the document and choose to battle it out in court, it will likely end up in a contentious court battle with both parents incurring expensive legal fees. The court may also decide to impose a parenting plan if no agreement can be made, which can lead to unfavorable outcomes for either parent. You can avoid this scenario by ensuring you have terms both you and your spouse can agree with.
What Are the Benefits of Having a Parenting Plan?
As a parenting plan is a legally binding contract, it creates a clear understanding of the rights and responsibilities of either parent regarding their children. Having the agreement in place avoids any confusion as to which parent is obligated to fulfill which role.
Other benefits of a parenting plan include:
- Determining where the child will live and the child’s schedule
- Creating a positive method of communication between the parents
- Having a clear visitation schedule for parents and other family members
- Reducing legal fees and time spent in court
- Helping foster an amicable relationship between parents despite divorce or separation
By entering into a shared parenting arrangement, you will be acting in the best interests of your relationship with your co-parent and your children.
Do I Need a Parenting Plan?
The court overseeing your divorce or custody arrangement hearings would decide whether a parenting plan is needed. In some states, it is a legal requirement that you draft up a parenting plan if you have children and plan on getting a divorce or separation.
Resolving parenting plans together can save time, frustration, and a great deal of money. Putting together the agreement yourself avoids high legal fees and time spent in court. Even when you agree, you must put those agreements in writing. Not only does it protect your rights in case of a future dispute, but most courts also require some form of written agreement—or the court will impose their own parenting plan instead.
In divorce or custody proceedings, a parenting plan, along with other documents would have to be incorporated into the final decree or order before the court can grant your request.
If the parents can’t agree, they can instead submit separate parenting agreements to the judge, who will then determine the custody arrangements.
What happens if I don’t have one?
Not having a parenting agreement can have different outcomes depending on the circumstances. Although in most situations, it can lead to a high emotional and financial cost for the parents and children involved:
- Lack of clarity on visitation schedules
- Arguments over legal decision-making capabilities between the parents
- Significant family tension that may negatively affect the children
- Breakdown in communication between separated parents
- Contentious legal battles over how to handle child custody issues such as the child’s residence or health care
- Hiring high-cost lawyers to fight over parenting disagreements
Can I Modify a Parenting Plan?
Yes, you can modify a parenting plan. However, you need to submit a petition for the modification to the court. If you and the co-parent agree on the changes, you can submit your proposed agreed modification order. If the co-parent disagrees, then you will still have to submit a petition for the judge to consider.
Ultimately, the judge will have to decide whether the modification keeps the child’s welfare in mind. Although, many states require a significant change in circumstances before a modification can be granted, especially in cases where parents disagree on the changes.
Where To Get a Free Parenting Plan Template
You can download our free parenting plan template or use our step-by-step form builder to create a customized document for you.
Frequently Asked Questions
Yes, you have to submit a parenting plan to the court, but only in some states. If you are unsure of your state’s requirements, you should consult a local attorney who will guide you in your case. Do I have to submit a parenting plan in court?
No, both parents are not required to agree on a custody agreement, although it is ideal when possible. When parents cannot agree, they can individually submit a proposed parenting plan to the court and argue why their plan is the most appropriate. Ultimately, the court will resolve disagreements, and they may decide not to pick either of the proposed parenting plans. In which case, they will create a plan for you, which may not be convenient for either party. For this reason, it’s encouraged to reach an agreement before submitting your parenting plan to the court. Do both parents have to agree on a custody agreement?
You can get a physical copy of your parenting plan by contacting the county clerk’s office and requesting the final order of your custody agreement or divorce decree. You may be charged a small fee for the request. Alternatively, you may be able to get a copy of your parenting plan online by searching for the online public records of your state. How can I get a copy of my parenting plan?
No, you won’t need a lawyer to witness a parenting plan. Although having the document witnessed by a notary public may be required in some states. You can instead consult with a lawyer to ensure it complies with state requirements. Keep in mind that you must incorporate the parenting plan into the proper documents. Typically, those documents are a final divorce decree or child custody order. The parenting plan must be executed appropriately and signed by the judge. Otherwise, the plan would only be considered an informal agreement and not a legally binding document. Do I need a lawyer to witness a parenting plan?
