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What You Should Know About Parenting Plans in Custody Cases

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A stable parenting plan is important in a divorce action with children.

The process of setting up a custody schedule to see your children may seem daunting to separating parents but it is a crucial process that will aid in giving your children a stable and supporting environment.  A few visitation schedule for parents that the courts have relied on in the past are as follows:

1. Alternating weeks. Each parent gets seven days with the children and exchanges are often is on a Sunday or a weekday (so exchanges can be made at school).

2. A 2/2/5 schedule. In this schedule, each parent has the child(ren) on alternate weekends and two weeknights per week. For example, Dad may have Monday through Wednesday and Mom will have Wednesday through Friday, then the parties share every other weekend. In this parenting plan, one parent has the weekend plus two consecutive weekdays, making it a “5” in the 2/2/5 schedule.

3. A 2/2/3 schedule. This schedule is similar to a 2/2/5 schedule in that the parents share alternating weekend and two weeknights, except the parent that receives Monday and Tuesday nights is determined by who has the previous weekend. For example, if Dad had the previous weekend, then Mom would get Monday through Wednesday, and Dad would get Wednesday through Friday, and Mom has the weekend that week. In this parenting plan, neither party is away from the children for more than three nights.

4. Alternate weekend and weeknight visits. In this schedule, the child lives with the primary custodial parent, and the noncustodial parent will get every other weekend (Friday to Sunday or Friday to Monday) plus one overnight or a dinner visit during the week.

5. Nesting Schedule: the children live in the home while the parents each takes turn to stay in the family home with the children. Each parent goes somewhere else during the other parent’s custodial time.

When ordering a parenting plan for parents, the court generally wants to give both parents frequent, regular and continuing contacts with the child. A schedule where a parent does not see his or her child for days at a time is not ideal. Moreover, the court will also look at the parents’ work schedules, availability, the child’s schedule, age, activities and needs in structuring a parenting plan that will best serve the child. Most parents are often in court fighting for their time with the child without realizing that the court has to put the child’s best interests first.

Additionally, there are various other terms that can be added to a parenting plan where the parents have fluctuating work schedules. “First right of refusal” gives the noncustodial parent time with the child when the custodial parent is unable to care for the child for a long period of time. This provision allows the noncustodial parent to care for the child instead of the child going to a nanny or other family members.

If you are in need of assistance with your custody and visitation order, contact our office today at 310-212-7109 for a complimentary consult.

Posted in: Custody/parenting plan, Family Law

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