Charlotte Divorce Lawyer Blog
Parenting Plans: Frequently Asked Questions
The most important job of any parent is to provide a healthy and loving environment for their child. When parents divorce, they need to work together to make decisions that will offer the best solutions for the kids. Parents who are separating or going through a divorce can benefit from a parenting plan. While primarily used in divorce situations, a parenting plan can also be useful anytime parents are not together, such as when they are not married. An experienced family law attorney will help you create a parenting plan that works best for your family.
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What is a Parenting Plan?
A parenting plan is an agreement that provides details for child custody and visitation, typically as part of a divorce. A parenting plan is helpful because it outlines where children live and when and how visitation is to occur. In cases where parents share custody, a parenting plan will tell parents when a child is to stay with one parent and when they will stay with the other. It may also include details about how the exchange is to happen. The plan may detail how holidays and vacations will be handled in the future.
Is a Parenting Plan Required?
Parenting plans are required in cases where parents disagree about the custody of their child. The court will order parents to make a parenting plan that will be agreeable to both parties. Although a parenting plan is not always a requirement, it can be of great benefit to both parents. The plan serves as a guide to living and visitation arrangements and will provide the groundwork for peaceful co-parenting.
Is a Child Custody Consent Order the Same as a Parenting Plan?
In situations where parents are able to agree about the custody of their child, they choose to utilize a child custody consent order. The child custody consent order is a legal document that is used in place of a court-ordered parenting plan. Parents work outside the court system to come to an agreement regarding child custody and visitation. They present the document to the court and if approved, the judge will make it an order.
What Should We Include in a Parenting Plan?
A parenting plan should include some important elements in order to be useful. First and foremost, the plan should address legal and physical custody arrangements. It should state where the child will reside on a primary basis. Include specific parenting time for each parent and how the exchange will take place. The plan should be as detailed as possible. Be sure to state exactly how to handle holidays and vacation time. It can also include how the child’s expenses are to be paid, other than child support. Importantly, it is best to provide for how parents may resolve issues or changes if they occur.
Once a parenting plan is part of a court order, both parties must abide by it. If changes are necessary, parents must follow the guidelines they agreed to, which may mean they must go to court for a modification. To learn more about parenting plans, contact our knowledgeable legal team at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation.
The family law practice group at Arnold & Smith, PLLC includes four Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
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