Devising a Parenting Plan before Going to Court

Courts always look to the best interests of the child when creating child custody and visitation orders following a divorce. This is why courts prefer that parents work out a plan before the court gets involved. A Texas family law court does not want to have to tell parents and their child what is best for them if the parties can work something out on their own.

If parents can work out a parenting plan, the plan can be an important step in minimizing the impact that a divorce has on their child. Additionally, it is more likely that the parents will adhere to the plan's terms. They are more likely to have conflicts if a court imposes its own terms on the family. Parents and the child know the most about their own family; all a court knows is what everyone tells it.

Important General Points about a Parenting Plan

• Along with the parents, neutral, outside parties, such as a Houston family attorney, should assist in the drafting of the plan. Parents may draft the plan too emotionally, whereas the plan should be more logic-based. When times get tough, parents need to be able to fall back on the plan.
• Outside of the parents and a neutral third party, try to limit the people who are involved in creating the plan. The plan is about the best interests of the child and his or her parents. Bringing new spouses and others to the bargaining table may cause more harm than good.
• The parenting plan should address every issue that the parents think is important regarding the best interests of their child.

Specific Elements to Include in a Parenting Plan

• The plan should outline custody of the child. This includes with whom the child will actually live, as well as visitation rights for the non-custodial parent. Use a calendar and get specific. Decide what to do about holidays, and what time a parent gets to see his or her child and what time to return the child to the parent with custody.
• Parents should discuss the major decisions involving the child and, if possible, lay them out in the parenting plan. These decisions involve education, religion, and health care.
• Parents should set periodic dates (perhaps once a year) to revisit the plan. Naturally, as their child ages, different issues will come up, and they will likely need to revise the plan. As the child grows up, he or she will also be able to provide valuable input.
• The parenting plan should include terms that require each parent to treat the other with respect and not use his or her child as a pawn against the other parent.
• The parents should agree on how to split child support and how to pay for individual expenses, like education or extracurricular activities. If the parents live far away, the plan should also include who will cover travel expenses for child visits.
• Parents should include rules for dealing with unanticipated changes.

Devising a parenting plan can go a long way towards ensuring the best post-divorce future for you and your child. If parents can agree on a plan, courts are likely to go along with it when determining child custody and visitation. If you are facing a divorce and would like to work something out with your spouse before the court makes an order, contact a Houston divorce lawyer at John K. Grubb & Associates, PC to learn about your options.