A parenting plan is a crucial document that outlines child custody matters and determines how parenting time will be shared when parents no longer live together. However, these agreements should not be boilerplate — an effective parenting plan must be specifically tailored to your family’s situation and your child’s best interests. Importantly, when drafting this document, it’s essential not to overlook the finer details to help prevent future disputes.
Some commonly overlooked provisions in a parenting plan include the following:
While the foundation of every parenting plan is the day-to-day custody schedule, a commonly overlooked provision concerns holiday schedules. A detailed schedule should be included in the parenting plan that specifies where the child will spend each holiday, school break, and summer vacation to avoid disputes over these matters in the future.
Some options for holiday schedules can include:
It’s also important to address how custody exchanges will be handled on holidays and special occasions. If parents live far apart, a plan should be put into place regarding travel arrangements.
Other commonly overlooked provisions in a parenting plan concern extracurricular activities. The document should specify how decisions are made regarding a child’s after school activities such as sports, music lessons, martial arts classes, community service, dance classes, and swimming lessons. Parents should also determine who will be responsible for paying for these activities and how transportation will be handled.
Protocols for communication are often neglected when it comes to creating a parenting plan. However, these provisions are vital to help reduce conflict, ensure consistency for the child, and encourage a cooperative co-parenting dynamic. Parents can outline their preferred methods of communication, whether it be by email, text, phone call, or FaceTime. In addition, guidelines can be established for how often parents will communicate with each other, what they will communicate about, and the time frame for response.
Many parents don’t think to include the “right of first refusal” in a parenting plan. This commonly overlooked provision specifies that if one parent needs childcare during their scheduled parenting time, they must first offer that time to the other parent before seeking an alternative arrangement. This allows each parent to maximize the amount of time they have with the child.
Although child support is handled separately from child custody matters, a parenting plan should include a provision for how child-related expenses are tracked and documented. Parents should agree on what expenses should be shared and develop a tracking system for the shared expenses to ensure there are no misunderstandings. Parents might agree that the costs will be split based on income, time spent with the child, or by percentage.
Many parents forget to include a provision for discipline in their parenting plans. However, this is crucial to ensure consistent disciplinary methods in both homes — and promote stability for the child. Importantly, by ensuring co-parents are on the same page when it comes to discipline, it can reduce any confusion the child might have about the rules in each house and what is expected of them. Having a defined approach to discipline can also help reduce any conflict co-parents might experience due to misunderstandings.
Many parents fail to include a provision in their estate plan concerning the introduction of new partners to the child. Although a parent cannot stop the other from dating after divorce, parameters can be established that specify the timing and manner of introducing a significant other. A waiting period can help ensure the security of the relationship and protect the child’s emotional well-being.
Even if co-parents are amicable, it’s critical to include a provision in the parenting plan for conflict resolution. Parents should outline the specific steps they agree to take to resolve any disputes that may arise in connection with parenting time or custody matters. For example, they may specify that mediation should be used before resorting to litigation. Parents might also agree to arbitrate any disputes, rather than bring their case into the courtroom.
If you are facing a child custody issue, a knowledgeable family law attorney can best advise you regarding your options and ensure the best interests of your child are met. At Duke Law Firm, P.C., we provide our clients with trusted representation for a wide variety of family law matters, including those involving parenting plans. Offering personalized time and attention in every case, we welcome you to contact us today to schedule a consultation to learn how we can help.
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