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Parenting Plans: What Must Be Included for Court Approval

16 hours ago
by GetLegal

Courts don’t approve parenting plans because they look fair to parents. They approve them because the plan clearly protects the child’s stability, safety, and routine.

A workable parenting plan reduces conflict, sets expectations, and gives judges confidence that both parents understand their responsibilities. While details differ by state, courts across the country look for the same core elements.

What Is a Parenting Plan?

A parenting plan is a written agreement that explains how parents will share time, make decisions, and care for their child after separation or divorce. Courts require them because vague custody orders often lead to disputes.

For example, instead of simply ordering that “the parents will share custody,” a proper parenting plan spells out where the child sleeps on school nights, who handles doctor visits, and how holidays are divided.

Physical Custody and Parenting Time Schedule

The time schedule is the backbone of any effective parenting plan. Courts expect a clear, predictable schedule that minimizes disruption for the child.

This includes setting forth the details of:

  • Weekday and weekend parenting time
  • Overnight arrangements
  • School-year and summer schedules
  • Start and end times for exchanges

Judges favor clarity and consistency. Plans that leave schedules open-ended or “to be agreed later” are often rejected.

Legal Custody and Decision-Making Authority

Legal custody refers to the right to participate in decisions related to the well-being of the child. These issues typically include education, healthcare, religion, and extracurricular activities.

Parenting plans should clearly state:

  • Whether decision-making is joint or sole
  • Which decisions require agreement
  • How disagreements are to be resolved

Holiday, Vacation, and Special Occasion Scheduling

Courts expect holiday planning upfront to avoid future disputes. A complete plan addresses:

  • Major holidays and school breaks
  • Summer vacations
  • Birthdays and religious observances

Transportation and Exchange Logistics

Courts look for clarity here because exchanges are a frequent source of conflict.

A proper plan specifies:

  • Pickup and drop-off locations
  • Which parent handles transportation
  • What happens if a parent is late
  • Safety provisions for exchanges

Communication Between Parents and With the Child

Courts prefer plans that outline:

  • Approved communication methods (text, email, parenting apps)
  • Reasonable access to the child during the other parent’s time
  • Expectations for respectful communication

Conflict Resolution and Modifications

Because parenting plans rarely last forever, courts expect a reasonable method for resolving disputes.

Most plans include:

  • Mediation before court involvement
  • A process for modifying schedules
  • Circumstances that require court approval

Additional Provisions Courts Often Expect

Depending on the case, courts may also look for provisions addressing:

  • Relocation notice requirements
  • Travel permissions and passports
  • Right of first refusal for childcare
  • Health insurance and medical expense coordination

Common Reasons Courts Reject Parenting Plans

Parenting plans are often denied when they are:

  • Too vague to enforce
  • Silent on decision-making authority
  • One-sided or punitive
  • Likely to increase conflict
  • Not aligned with the child’s best interests

How Legal Support Helps Secure Approval

Each state has its own rules, forms, and expectations. An experienced family law attorney helps ensure the plan meets legal standards, reflects the child’s needs, and avoids drafting errors that delay approval. Legal guidance also helps parents anticipate future issues before they turn into disputes.

Read Also: The Termination of Parental Rights

FAQs

What does a court look for when approving a parenting plan?

Courts look for clarity, enforceability, and whether the plan serves the child’s best interests. Clear schedules, decision-making rules, and conflict-resolution steps are essential.

Is a parenting plan required in every custody case?

In most states, yes. Courts typically require a written parenting plan whenever custody or parenting time is contested or shared, even if parents agree.

Can parents create their own parenting plan without a lawyer?

Parents may draft their own plan, but courts often reject plans that are vague, incomplete, or unrealistic. Legal review helps ensure the plan meets state requirements.

What happens if parents don’t follow the parenting plan?

A court-approved parenting plan is legally enforceable. Repeated violations can lead to contempt findings, makeup parenting time, or custody modifications.

Can a parenting plan be changed after court approval?

Yes. Most states allow modifications when there is a substantial change in circumstances, but significant changes usually require court approval.

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