Divorce
and Parenting Plan
by
James P. Reape
When a couple gets
divorced, what happens to the kids? No parent is going to say that
they want anything but the best for their children, but sometimes
the emotional weight of events combined with changes that occur
during a separation make for a sometimes less than perfect situation
for the smallest members of the family. One way to make sure that
the kids do not become casualties in a divorce is to have a well
thought out parenting plan in place immediately.
Local assemblyman,
George Runner feels that such a plan is so important that he recently
authorized a bill that would require a parenting plan to be filed
with a judge during an imposed 90 day waiting period commencing
at the time when an individual files papers for a divorce. He feels
that currently there just arent any requirements that take
the needs of the children into consideration. The bill (AB 913)
allows divorcing couples the opportunity to create a parenting plan
evaluating the impact the divorce will have on the children, potentially
avoiding some of the negative effects that arise out of divorce.
It creates a more mindful process, said Runner.
Just what exactly is
a parenting plan? In the most general terms, a parenting plan is
a written agreement between a divorcing couple which outlines how
the well being of their children will be protected. Plans can be
as broad or as specific as parents choose and, like individuals
themselves, each one is unique. Although plans do vary from case
to case, most still contain the same basic elements.
The first decision
that needs to be made when writing a parenting plan is the custody
issue. Will parents share legal and/or physical custody? Will one
parent claim sole custody of the children? Many things need to factored
into this most basic yet highly important issue including the age
of the children, the disposition of both the children and the adults
involved and the situation under which the divorce occurred. Joint
legal custody is usually preferable for the continued welfare of
the children except in instance of physical or mental abuse.
Once custody is decided,
there needs to be a set schedule where the childrens time
is divided between the parents. The kids might switch households
every week or, more commonly, live with Dad or Mom for the majority
of the time and visit the other parent weekly of biweekly. Whichever
the arrangement, it is best for young children to have consistency
in their lives, so this schedule should be established and adhered
to as soon as possible. Financial support for the children should
be established. This encompasses not only how the children will
be provided for but also who will be responsible for extra expenses
such as medical and dental insurance and any special schooling a
child may need.
Other things to consider
when making a parenting plan are Holidays and Vacations as well
as any other special days that come up. Couple must decide ahead
of time who spends time with the children during these occasions.
Holidays can be split or even and odd years can be assigned to each
of the parents or any number of variations depending on the individual
circumstance.
Parents can include
anything else they see fit in their parenting plan. Religious training
preferences, how communication about the children is to occur, drop-off
and pickup locations and even the types of discipline used in each
household.
Plans will change as
children grow and their needs take a different course. Parents who
remarry or relocate will have different concerns as well. Its
best to look at the parenting plan as an evolving guideline that
can help draw the boundaries that protect children.
The final step in preparing
a parenting plan is to make it legal. It is best to consult with
a family law attorney or mediator to help file the necessary papers.
Family law is ever changing and a professional in the field can
help pave the way with the least amount of frustration and headache.
|