Parenting Plans
Parenting plans are court orders that determine custodial arrangements for children. If a couple with children divorce, it is mandatory that a parenting plan is entered by the Court as part of the divorce. Parents who have never been married can seek parenting plans as well through a parentage action. Regardless of whether they are sought within the context of a divorce or not, parenting plans provide the rule book for residential time, decision-making, transportation and special considerations for each child. Parents and children must abide by their parenting plan, and will be subject to contempt of court if they fail to do so.
Parents may, and are encouraged to, create a plan on their own when going through a divorce or parentage action. If parents are not able to agree, then the court will determine a parenting plan. All parenting plans must serve the child’s best interest.
The court encourages parents to come to a mutually acceptable agreement regarding residential time for children. Sometimes people refer to this as child custody or visitation, but Washington statutes talk only about the children’s residential time with parents. The agreement must include a complete parenting plan. In the plan, the parents will decide the child’s primary residence, as well as where the child will spend weekends, holidays, birthdays, and vacations, and how decisions are made.
The court must approve the plan before it becomes a binding court order. If there’s a dispute, the court will determine a plan that’s in the child’s best interests. In doing so, the court will consider a number of issues including:
Each parent’s relationship with the child
Each parent’s ability to provide for the child’s basic needs
The effect of living with either parent on the child
Distance between parents
The child’s wishes if deemed old enough and of adequate maturity
This is a very complex topic. Courts are required to look at several factors in determining an appropriate parenting plan, such as the parties’ prior history, who traditionally performed parenting duties, what will have the least impact on the child, any issues a parent has (such as mental health problems or substance abuse), and several other areas.
Attorneys at Deno Millikan can help you identify the most important and compelling information about custody in your case, and can present it to the Court as an effective advocate for you and your children.
Many parenting plans give parents joint decision making regarding major issues. This means both parents make important decisions in the child’s life together. This includes medical, education, and religious decisions.
In some circumstances, decision making needs to be restricted in order to protect a child. The court may restrict a parent’s time with the child if, for example,
The parent willfully abandoned the child for some amount of time
The parent has demonstrated a pattern of physical, sexual, or emotional abuse
The parent has been engaged in domestic violence
The parent has alcohol or substance abuse problems
These issues may also effect whether the court grants primary physical or shared residential time, visitation, or decision-making authority to a particular parent. Our attorneys at Deno Millikan Law Firm, PLLC can assist you with these concerns, whether the other parent levels these allegations against you or whether you allege the other parent is not able to safely parent. Contact us today at 425-259-2222.