Parenting Plans- Visitation
Parenting Plans
To formalize the child custody arrangement between parents or a de facto parent, it is essential to create a parenting plan. This written agreement outlines the specific details of how parents will share parenting responsibilities and make decisions for their children after a separation, divorce, or when raising children outside of a romantic relationship. The parenting plan plays a vital role in facilitating co-parenting, reducing conflicts, and ensuring that both parents have an equal say in their child’s upbringing.
While striving to create a parenting plan that is agreeable to both parties, it is important to recognize that disagreements may arise, and that is perfectly fine. It does not necessarily mean that a parent does not have their child’s best interest at heart. Instead, it may simply indicate that the parent has a differing perspective on what is best for the child. As legal professionals at Hughes & Nelson Law, we acknowledge that our clients are the parents and have a unique understanding of their child’s needs. To ensure that the parenting plan is equitable and in the best interest of the child, it is important for both parents to prioritize their child’s well-being and remain open to compromise and communication. In situations where agreements cannot be reached, the guidance of a family law attorney may be beneficial to establish a fair and practical plan. The benefits of having a parenting plan in place are numerous, including reduced conflict, increased consistency, enhanced communication, and a clear understanding of each parent’s responsibilities.
Visitation
Visitation, also known as parenting time, refers to the amount of time a non-custodial parent spends with their child after a separation, divorce, or outside a romantic relationship. When establishing visitation, parents should consider several factors, including the child’s age, needs, and schedule, as well as the distance between the parents’ homes. Parents should also agree on the frequency and duration of visits, including weekdays, weekends, overnights, vacations, holidays, special occasions, and school breaks. It is important to have a clear and specific visitation schedule to reduce conflict and ensure consistency for the child. However, it is possible to modify visitation arrangements if there is a significant change in circumstances, such as a relocation, job loss, or a change in the child’s needs. Parents will need to seek the assistance of a family law attorney to modify visitation agreements.
Commonly Asked Questions
The key components of a parenting plan typically include a schedule for parenting time, transportation of the children for parenting time, decision-making responsibilities, methods of communication, and/or dispute resolution methods.
The legal requirements for a parenting plan vary by state, but generally, the plan must address parenting time, decision-making, and communication. The plan must be in writing, signed by both parents, and needs to be filed with the court.
When a court is making an order for child custody and visitation, it must determine what is in the child’s best interest. To do this, the judge considers a number of factors, including:
- The length of time the child has been in the actual care of one parent or the other,
- Any agreement reached by the parents regarding custody and residence of the child (if any),
- The child’s adjustment to home, school, daycare, and community,
- Each parent’s ability and willingness to respect and promote the relationship between the child and the other parent
- Any allegation or evidence of spousal abuse,
- Any allegation or evidence of child abuse, whether involving this child or any other,
- Whether either parent is required to register as a sex offender, or resides with a person who is required to register as a sex offender RCW 9A.44.130.
- Whether either parent has been convicted of abuse of any child, or resides with a person who has been convicted of child abuse.
A parenting plan for infants and toddlers should include a detailed schedule for parenting time, daycare, methods of communication, and decision-making responsibilities. It should also address issues related to breastfeeding, sleeping arrangements, age-appropriate activities, and if there are any concerns about other individuals associated with a parent, there may be restrictions on who is allowed to be around the child.
If parents disagree about the parenting plan, they can try to resolve the issue through negotiation with a family law attorney who will assist with mediation. However, if a resolution cannot be reached, the court will need to make the decision on the matter.
The other parent may file a motion for contempt and/or enforcement, which may result in consequences such as fines, jail time, or modifications to the parenting plan. You can access more information on this topic on our contempt-enforcement page.
This is called a relocation. A relocation refers to the act of a parent moving from one location to another. If a parent wishes to relocate, they must obtain consent from the other parent. If both parties do not agree, the matter will need to be brought to court. If the relocation is approved, modifications to the parenting plan will need to be made such as travel arrangements, visitation schedules, and communication methods. For further information on this subject, please refer to our relocation page.
Yes, if circumstances change, parents can modify an existing parenting plan through negotiation or by seeking the assistance of a family law attorney. The changes in circumstance can include job loss, relocation, or change in the child’s needs. The modification must be approved by the court. You can access more information on this topic on our modifications page.
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