Wednesday, May 25, 2011

Creating a Parenting Plan for Child Custody Court

The purpose of custody court is for the judge or court to accept a parenting plan as a custody court order and make the plan legally binding. There are several ways that divorced parents can get their plans accepted by court. If both parents agree on the plan and on the custody and visitation, they create their plan, bring it to court, and the judge accepts it.

If the parents don’t agree on a plan, many states require them to go to mediation. In mediation hopefully the parents can work out a plan they agree on and present it to the court. If parents simply cannot work together on their custody agreement, both parents present the parenting plan they’d like the court to accept and the judge makes the final decision. The court can decide to accept either parent’s plan, or they can make changes and accept parts of both of them.

No matter what category you fall in–if you and your former spouse are working together or if you’re preparing a plan to present at mediation or at court, it is vital that you create the best parenting plan that you can. Here are some things to consider while you’re making that plan.

Your parenting plan is a long term schedule and agreement. So, you really want to put in the time at first to get a custody agreement that you really like and that makes you and the children happy. You should just expect to spend some time on this agreement–it isn’t going to come together overnight. You want to allow yourself enough time before going to court or going to mediation to think through all of the details and the specifics of the agreement. It is possible to get your plan changed after the court accepts it, but it is a big hassle and can be a long process. Invest the time in the beginning to save yourself hassle and time later on.

Your parenting plan is the same things as the custody agreement. This is the plan that determines how much time the children spend with each parent. You’ll need to come up with a custody and visitation schedule. If you and your former spouse are working together, you can create this as a joint effort. If you are getting ready to present your plan to the court, develop a schedule that you’d like the court to accept. Create a calendar outlining the rotating schedule and the times of visitation and custody for both parents. Make a fair schedule and be sure to give your child’s other parent enough time. The court generally likes more shared parenting agreements because it feels like those are in the best interest of the children.

Your schedule should include a holiday and vacation schedule. Divide the holidays evenly and fairly between the parents. This means that both parents get the equal big and small holidays. You can also change the schedule during spring, summer, and winter break.

Another big part of your parenting plan that you need to prepare are any provisions or stipulations that you want in the agreement. These are terms that both parents must adhere to. If you want to know about your child’s other parent’s address change within a certain number of days, put that in the agreement. Or maybe you’d like an itinerary when the other parent takes the child on vacation. You can put that in too. Remember that only the things in the agreement that the court accepts are legally binding. So, if there are any issues that are really important to you, make sure the court accepts them as part of your parenting plan.

Making your parenting plan doesn’t have to be stressful or overwhelming. Give yourself enough time to create a schedule and calendar, and think through provisions and stipulations that you’d like in the agreement. Then you can feel confident and secure when the court accepts your plan. You know that your plan will last for quite awhile.

Learn more about how to create your perfect parenting plan and get more information about how to prepare for child custody court.

Article Source: Creating a Parenting Plan for Child Custody Court

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