These divorce papers are a downloadable online kit that includes:
- No Fault Uncontested Divorce Forms
- Marital Settlement Agreement
A proper Custodial Parenting Plan is essential to establish a solid basis for a healthy, cooperative exchange of the children.
The best plan is actually “No Plan.” It consists of two parents who are able to communicate so well and who are so cooperative that they respect each other’s wishes and time with the children, that no agreement is necessary.
However, in my 30 years of Family Law practice, I can’t think of even one case that this actually worked, so don’t feel bad if you are not one of those perfect divorced parents.
A very detailed Child Custody Parenting Plan can avoid angry incidents, confusion and the ability of one or both parent to play games. The more detailed the custodial plan, the less wiggle room for manipulation. You can always agree to modify the plan, however it is beneficial to have all of the details laid out so that should an issue arise, you have a default plan to rely upon and you don’t end up back in divorce court. I am in the midst of reworking a “universal parenting plan” with limitless options to choose from. It is difficult to remember every possibility and deal with those possibilities in a written document. A comprehensive outline is essential as a beginning point.
A good custodial arrangement will set out each option that Parents can choose from, with the result being a very individual, tailor made plan, just for that family.
Although forms supplied by Family Law Courts and Child Custody Counselors are helpful, generally they contain “boilerplate phrases” which should not be applied across the board. Attorneys, Judges and Counselors like “boilerplate” Forms, because they are already on their computer and easier to prepare. Don’t compromise just to make it easier for someone else.
Parenting plans should anticipate the future. Children need different schedules depending upon their ages and activities. Most often, a general plan is adopted by the parties and the court during a child custody case or divorce. It seldom anticipates the future and is seldom revisited at a later date because the parents don’t want to “reenter the divorce or child custody system” to change it.
Having a custody plan that anticipates the future can alleviate some of the problem, even though it obviously cannot address every situation which may arise. Don’t settle for a general parenting plan. Pick and choose those options which best suit both Parents and the Children’s lifestyles.
Many parents don’t realize how much detail should be included in a custodial plan. Just a simple “summer vacation Plan” should include the following:
1. Is the time with each parent going to be different than during the school year, and if so, how?
2. When does the new schedule start and end?
3. Does each parent receive some time for a vacation with the children? How long, two weeks?
4. Who chooses the vacation dates first (usually alternate even and odd years) and what are the deadlines to notify the other parent of the vacation dates?
5. What about summer camp, summer sports activities, etc. Who decides which activities the children shall participate in, who is responsible for the cost, who provides transportation, and what if the activity infringes on the other parent’s usual time with the children?
6. What about holidays such as 4th of July in the US and other holidays around the world? Who has the children on the holiday and how does that impact the other parent’s time?
7. What if there is a special occasion, such as an out of town relative visiting, a family reunion, special anniversary party etc? How often should a parent be allowed a special occasion and how is the makeup time for the other parent arranged?
8. What if the child attends summer school. Whose time does that impact and how?
9. What if one parent is off during the summer (such as a teacher.) Are they allowed to provide child care for the other parent?
10. If a Parent is taking the children out of town, what are the requirements for notification to the other parent? Is an itinerary appropriate? Should it include telephone numbers and dates? What about addresses, flight numbers etc? And, how soon should the itinerary be provided prior to departure?
11. Can a parent take the child out of the state without permission of the other parent? How about out of the Country?
Parenting plans must be given the time and attention they deserve. Make certain that the plan is right for the Parents and Children and that it covers every contingency. Don’t just adopt a court form and “worry about the details” later. It is easier to ignore the details, rather than have to resolve them now; however you will be much happier you did, for many years to come.
For More Free Information, Articles, and eBooks to help you Succeed in your Custody and/or Divorce Action; and, to learn about my Mediation and Coaching Services, Come visit me at: http://www.wincustodynow.com.
Dianne R. Ophelia is a Certified Family Law Specialist and is known as “THE 30 YEAR DIVORCE EXPERT”
Prop 8 Trial Re-enactment, Day 1 Chapter 1