Many divorces come down to this issue alone — parents resolve issues of property but can't
agree on a parenting plan for their children.
The child benefits when parents agree and work
together on the parenting plan because it shows their willingness and ability to take care of their child's needs after divorce.
While the answer depends on the details of your individual case, you should keep in mind that judges
decide on parenting plans and child custody based on the best interests of the child.
When I work
on parenting plans with people I tell them something they need to remember, something most attorneys don't share..
However, the traditional weekend visitation plan, in which children spend the week with one parent and the weekend with the other, is still very
popular on parenting plans.
One goal of this class is that parents will come to an agreement
on a parenting plan which they can then submit to the court.
Below you will find links to forms related to child custody and visitation in your state — including
information on parenting plans and agreements where available.
The court may consider the information contained in the study in making a
decision on the parenting plan, and the technical rules of evidence do not exclude the study from consideration.
When the parties can not reach an
agreement on a parenting plan, the specific provisions which follow are designed to assist parents and the court in the development of a parenting plan.
Regardless of child wishes in custody, or what each parent wants, the judge
ruling on the parenting plan must follow the best interests of the child under Washington State law 26.09.002.
The mediator can not force you to reach an agreement; rather, the mediator is there to facilitate an agreement between the
spouses on a parenting plan, division of assets and debts, financial support, and other matters.
If you and your former spouse are divorcing and can not agree
on a parenting plan before the final divorce hearing, the court will decide these important matters for you based on your situation and the best interests of the children.
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If you and your spouse can agree
on a parenting plan schedule at the conciliation conference, the referee will write up the details and conclude your conciliation process.
Most states require parents to try to agree
on a parenting plan on their own; if that is not possible, then the parents usually attempt to do so with the assistance of a mediator.
Child support is based predominantly on the incomes of the parents, the number and ages of the children, and the amount of time the children will be spending with each parent
based on the parenting plan to which the parties have agreed (i.e., their consensual custody arrangement) or the parenting plan ordered by a judge).
If you and your spouse agree
on a parenting plan regarding custody of your children, the court will likely adopt that plan as long as it appears to be in the best interests of the children.
It was important to them to find a way to keep their children's needs front and center, and to
focus on a parenting plan that would deeply consider their daughter's special needs.
The collaborative family law process encourages the use of neutral advisors, such as a child specialist, to
advise on parenting plans and a financial specialist to advise on asset valuation, tax consequences, and related issues.
Parenting education classes and mediation are both meant to give parents an opportunity to come to a
resolution on their parenting plan while also learning communication and dispute resolution skills that they can use in everyday life.
[23] The specialist brings children's perspectives to
bear on the parenting plans and gives them an opportunity to express themselves without feeling divided loyalty to their parents.
While the Arbitrator can make binding decisions on all other issues that have limited options for court review, an Arbitrator's decision
on parenting plan issues is not binding.
You will decide whether you want to have a child specialist (who is a child psychologist) as part of the team to help you decide
on your parenting plan going forward.
custody mediation: A voluntary and confidential meeting with a trained neutral person who helps parents try to agree
on a parenting plan for their children.
Below you will find links to information and resources related to child custody and visitation in your state — including
information on parenting plans and agreements where available.
• What are the basic
standards on parenting plans, child support, spousal support and property division (based on California law, although other states are often similar)?
For example, Florida courts tell divorcing parents that they will take all circumstances between the parents, including their historic relationship, domestic violence, and other factors into consideration when
ruling on a parenting plan.
If you can't agree
on a parenting plan with your spouse in conjunction with your separation agreement, you'll have to let a judge decide these issues for you, if you want Florida's family court to have jurisdiction to enforce it or settle disputes.
Custody can get a little more complicated when the parents are unable to work
together on a parenting plan, for example, or in the case of a parent's substance abuse problems.