What is a Parenting Plan and What Should it Include?
If you are going through a divorce or custody matter in Arizona and you have minor children, you will need a parenting plan. But what exactly is a parenting plan, and what should it cover? Here's a straightforward guide.
What is a Parenting Plan?
A parenting plan is a written agreement (or court order) that sets out how parents will share time with their children and make decisions on their behalf after a separation or divorce.
What Does a Parenting Plan Cover?
A comprehensive parenting plan addresses two distinct issues: legal decision-making authority and parenting time.
Legal decision-making refers to the right to make major decisions about a child's life; things like education, healthcare, and religious upbringing. Arizona courts can award joint legal decision-making, where both parents share that authority, or sole legal decision-making. Joint legal decision-making is the default preference under Arizona law, but it is not automatic. The Court looks at a number of factors, including the parents' ability to cooperate and communicate.
Parenting time refers to the schedule: when the children are with each parent. A good parenting plan will spell out the regular weekly schedule, holiday and school break schedules, vacation time, and procedures for exchanges. The more detailed, the better. Vague parenting plans lead to conflict.
Other Important Provisions
Beyond the basics, a well-drafted parenting plan should also address the following:
How parents will communicate with each other about the children
Right of first refusal whether one parent must offer the other parenting time before using a third-party caregiver
Travel and out-of-state notification requirements
Access to school and medical records
Procedures for modifying the schedule as the children get older
Can We Create Our Own Parenting Plan?
Yes — and in most cases, that is the preferred approach. Parents who work together to create a parenting plan that fits their family's specific needs and schedules tend to have fewer disputes down the road. If the parents cannot agree, the Court will impose a plan based on the best interests of the children.
The Best Interests Standard
Everything in an Arizona parenting plan comes back to the best interests of the child. Under A.R.S. § 25-403, the Court considers a wide range of factors, including each parent's relationship with the child, the child's adjustment to home and school, and each parent's willingness to encourage a relationship between the child and the other parent.
Need Help With a Parenting Plan?
A parenting plan is one of the most important documents you will sign as a parent. Getting it right matters. At Freedman Law, we help clients create parenting plans that are detailed, workable, and designed to minimize future conflict. Contact us today to schedule a consultation.
