Family Law

Basic Elements of a Parenting Plan

By J. Benjamin Stevens

Cases involving children, whether divorce/separation between spouses or custody cases between unmarried couples, always involve certain issues.  These issues can be resolved by an agreement or by trial, but they must be addressed one way or the other.  The following article contains a comprehensive list of these issues:

Here's a list of issues that must be addressed to form the basis of a parenting plan:

• Which house is identified as 'home base' for the children?
• When will the children be with each parent during the school year?
• When will the children be with each parent during holiday breaks?
• How will the summer break period be handled?
• What arrangements will be made for exchanging the children at the beginning of each parent's time?
• Who will decide which extracurricular activities the children will participate in? How will these activities be paid for? What happens if an activity falls during the other parent's time?
• How will the children's religious upbringing be handled?
• Who will make decisions for the medical and mental health needs of the children? How will these needs be paid for?
• Who will have the right to represent the children in legal action and make other legal decisions for the children?
• How will the children's access to the internet be handled?
• Who will carry the children on health insurance? Who will pay for the coverage? How will the uninsured medical expenses be handled?
• Who will make decisions regarding the children's education? How will private schooling be handled? What happens if the children need additional educational assistance such as tutoring? How will those expenses be handled?
• What plans are being made for the children's future college education?
• Will the children talk on the telephone to the parent not in possession of them?
• Will the children be allowed to travel outside the country with each parent? How will the passports be handled?

Unless the courts have ordered something different, both parents have the right to:

• Receive information concerning the health, education and welfare of the kids;
• Talk with the other parent before making a decision concerning the health, education and welfare of the kids;
• Access their children's medical, dental, psychological and educational records;
• Consult with the kids' doctors;
• Consult with the school concerning the kids' welfare and educational status;
• Attend school activities;
• Be listed as an emergency contact on the kids' records;
• Consent to medical treatment during an emergency involving an immediate danger to the health and safety of the kids;
• Be offered the chance to take care of the kids during the other parent's time if the other parent has something that keeps them from the kids;

There are some extra things that parents going through a split should keep in mind:

• Alcohol consumption – limit the amount of alcohol you consume during your time with your kids, especially if alcohol has been a problem before. Never drive with your children if you've been drinking.
• New romantic partners – take care to introduce your new boyfriend or girlfriend to your kids slowly, so they don't feel as though their other parent is being  replaced.
• Travel – when planning trips for business or pleasure, with or without your kids, keep your kids' schedules and your parenting plan in mind.

Source:  "Basic Elements of a Parenting Plan" by Michelle O'Neil, published at the Dallas Divorce Law Blog.

Full post as published by SC Family Law Blog on November 10, 2010 (boomark / email).