Crafting Effective Parenting Plans and Agreements
Daniel Gold • June 17, 2024
In my first year of practice over 30 years ago, I was an associate at a small family law firm in Northern California with an experienced family law attorney. He said I should NOT use the term “visitation” anymore. “Second cousins ‘visit” kids, parents don't “visit” kids, they parent”. From then on, I began using the term “parenting time” in lieu of “visitation”. In the past two and a half decades, we have evolved from discussing “visitation schedules” to now creating “parenting plans”; whether by stipulation/agreement or by court order.
It goes without saying that n
avigating the complexities of co-parenting after a separation or divorce can be challenging. A well-structured parenting plan can provide clarity and stability for both parents and children.
An
effective parenting plan involves understanding the legal requirements and focusing on the best interests of the child.
What is a Parenting Plan?
A parenting plan outlines how parents will raise their child
during and after the
divorce. It covers various aspects of the child's upbringing, including living arrangements, visitation schedules, decision-making responsibilities, and
in many cases
how disputes will be resolved.
Key Components of a Parenting Plan
Custody Arrangements:
Define legal custody
(decision-making
power) and physical custody
(where
the child will live). Parents can share joint custody
,
or one parent may have sole custody.
Custodial
Schedule:
Detail when the child will spend time with each parent, including weekdays, weekends, holidays, and vacations. Consistency and predictability in the schedule are crucial for the child's well-being.
Decision-Making:
Outline how decisions regarding the child's education, healthcare, extracurricular activities, and religious upbringing will be made. Joint legal custody requires both parents to collaborate on these decisions.
Communication:
Establish guidelines for how parents will communicate about the child, including regular updates, emergency contact procedures, and methods for resolving conflicts.
Transportation:
Specify how the child will be transported between parents, including pick-up and drop-off locations and responsibilities.
Special Considerations:
Address any special needs or circumstances, such as medical conditions, educational requirements, or other unique aspects of the child's life.
Creating a Parenting Plan
Focus on the Child’s Best Interests
!! It is not what is better for one parent on another.
The primary goal is to ensure the plan supports the child's emotional, physical, and psychological well-being. The court will always prioritize the child's best interests when reviewing the plan.
Be Detailed and Specific:
A detailed plan reduces the potential for misunderstandings and conflicts. Cover all aspects of the child's life and daily routines to provide clear guidance.
Consider Flexibility:
While consistency is important, some flexibility can help accommodate unexpected events and changes in circumstances.
Include Provisions for Modifications:
Life changes, and so might the needs of the child or parents. Include a process for modifying the plan as necessary, whether through mutual agreement or court intervention.
Seek Mediation if Needed:
If parents struggle to agree on a plan, mediation can be an effective way to reach a resolution. A mediator can help facilitate discussions and find common ground.
Courts generally require you to participate in mediation before you appear before the judge for a hearing
Legal Requirements
In California, a parenting plan becomes legally binding when it is incorporated into a court order. It is advisable to work with an experienced attorney to ensure the plan meets all legal requirements and adequately protects your rights and your child's interests.
Conclusion:
Creating a comprehensive parenting plan is essential for providing stability and clarity in co-parenting arrangements. By focusing on the best interests of the child and being detailed in your approach, you can develop a plan that works for both parents and supports your child's well-being. For personalized advice and assistance, contact me for expert guidance.
To learn more about my services, visit
my services page.
Call: 949-756-0684
Email: dgold@tldlaw.com
Disclaimer
This information outlines a few of the concepts that surround separation, dissolution, and annulment in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.
TLD Law Family Law Partner Daniel R. Gold was recently featured on the Divorce Mortgage Strategies Podcast , powered by the Divorce Lending Association . In the episode, titled “ The Divorce Quarterback: Leading the Team That Guides Clients Through Divorce ,” Dan joins host Amy Valdivia, CDLP®, to discuss the importance of coordination and strategy in complex divorce matters. The conversation explores how successful outcomes often require collaboration among family law attorneys, mortgage professionals, and financial experts—particularly in cases involving substantial assets, real property, retirement accounts, and long-term support considerations. Dan shares insight from decades of experience guiding clients through high-net-worth and gray divorces. He explains why approaching divorce as a team effort—where the attorney serves as a strategic leader coordinating financial, lending, and legal professionals—can help clients make informed, sustainable decisions during one of life’s most significant transitions. Watch the full interview on YouTube: https://www.youtube.com/watch?v=Mx7ruqT_IiU About Daniel R. Gold Daniel R. Gold is a partner at TLD Law and a California State Bar–certified Family Law Specialist. His practice focuses on complex divorce and family law matters, including high-net-worth divorces, division of business interests and real property, retirement asset division, and long-term support issues. Known for his strategic and detail-oriented approach, Dan works closely with clients to provide clarity and steady guidance through financially and emotionally complex situations. Learn more about Daniel R. Gold: https://tldlaw.com/our-people/daniel-gold/ About the Divorce Mortgage Strategies Podcast and the Divorce Lending Association The Divorce Mortgage Strategies Podcast is produced by the Divorce Lending Association and is designed for family law professionals, financial specialists, and individuals navigating divorce. The podcast focuses on promoting divorce literacy, financial clarity, and cross-professional collaboration to support better outcomes in divorce cases. Learn more about the podcast: https://www.divorcelendingassociation.com/reports/divorce-literacy-podcast.cfm Visit the Divorce Lending Association: https://www.divorcelendingassociation.com/
Daniel R. Gold, Certified Family Law Specialist, is proud to announce the release of his debut book, The Divorce Quarterback: A Lawyer’s Roadmap Through the California Family Law Jungle .
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