Divorce entails the preparation of several documents that will help the judge arrive at a decision when he gives you and your ex the divorce decree. Formulating a Parenting Plan is just one of the documents you have to prepare when getting a divorce. Your Parenting Plan lays out where the child(ren) will stay and with whom, the other parent’s schedule with the child during school days, weekends, school breaks, vacation, etc. Parents are expected to state in categorical terms how holidays and special days should be spent. Will the child spend the holidays with you alternately – years ending in even numbers (2014, 2016, 2018, etc.) with the father and years ending in odd numbers (2015, 2017, 2019, etc.) with the mother? Or are you going to spend these holidays and special days with the child every year and specify the number of hours you want to spend with him/her? Special days may refer to Father’s day, Mother’s Day, a parent’s birthday, or the child(ren)’s birthday. How are visitation rights exercised? Who will be responsible for decision making? The answers to all these questions are critical to the child's basic needs, such as education, protection, medical care, love and guidance – factors that the judge will consider when it decides who takes custody of the child. Parents are likewise expected to provide financial information such as income, assests, list of expenses, financial responsibilities and to state will claim the child on income taxes. This part of the document is essential in determining child support. Sometimes a parent thinks he or she has the upper hand because he or she is the one filing for the divorce, and consequently parenting plans are made arbitrarily so much so that the other parent is left out. What makes it worse for the person left out is that he is ordered to pay child support, yet he is not allowed to be with the child he supports. A parent should not be a stranger to his/her child. A child needs both a father and a mother, and unless there are serious circumstances that warrant a protection or restriction order, or unless proven to be an irresponsible parent, a child should be able to enjoy the company of both parents. When relations are strained, it is difficult for divorcing couples to talk, but for the sake of your children’s well-being, you should be able to meet with your ex and amicably discuss a viable Parenting Plan. Putting old resentments and grudges aside and focusing on the children is easier said than done, but if you realize the threefold benefits of discussing civilly with the other party, you will see that it is all worth the effort. First, it promotes your child’s well-being; secondly, it helps in the speedy resolution of your case; and finally, it gives you less stress to worry about in the future knowing that you have a set-up that both you and your ex agree to observe.
If it is not possible to talk without arguing, then perhaps you need to seek intervention from family members, a counselor, mediator or arbitrator. A third party could also help you arrive at a compromise. If the other parent refuses to compromise, then you will have to assert your right by submitting your own parenting plan. A judge will approve a parenting plan that is reasonable and fair. When faced with a dilemma of having to choose between two different parenting plans, a judge will more likely choose the most comprehensive parenting plan that protects the best interests of the child. Parenting plan is more than an agreement you submit in court. It is part of a judgment decreed by the court and should be observed to the letter lest there be punitive consequences against the irresponsible parent. It is also more than just an agreement between you and your ex because it defines your roles as parents, literally and figuratively. Once the judge approves it, the parenting plan becomes a permanent arrangement while the child is a minor. The court will not modify a parenting plan in the absence of proof that there is a change in circumstance that justifies its modification. This blog is not legal advice, but shares information on the law. We are living in hard times; people lose their jobs and many are struggling to make ends meet. Legalbargain.net gives back to society by sharing it’s knowledge and producing advocacy videos to put justice within the reach of those who believe justice is only for those with money.
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