Parenting Plans and Custody Orders: A Legal Overview

Custody decisions shape your child’s future. A well-structured parenting plan allows for flexibility and cooperation, while a court-ordered custody arrangement ensures enforceability. Without a clear agreement, misunderstandings can lead to legal battles and emotional distress for both parents and children.

Richard E. Garriott, a family law attorney at Garriott Maurer in Virginia Beach, Virginia, explains how many people and courts treat the terms parenting plan and custody order as interchangeable. “Depending on the state, they may have court requirements that [the parents] present a parenting plan to the court, and then the court may ratify that. I think most of the time, a parenting and custody order can be the same thing.”

Understanding the pros and cons of each option and working with a knowledgeable attorney can ensure that your custody arrangement prioritizes both your child’s well-being and your parental rights.

What Is the Difference Between a Custody Order and a Parenting Plan?

A custody order is a legally binding document issued by the family law court. This document outlines the legal and physical custody of the child. It includes details like where the child will live, who has decision-making authority, and the visitation schedule. A parenting plan is different because it is a voluntary agreement made between the parents. Depending on the state, it can either be a legally binding agreement or a flexible agreement that parents can modify without having to go to family court. Parenting plans can also define decision-making rights for major decisions by giving the parents legal custody. It can also include a schedule for primary physical custody and visitation schedule.

There are two types of physical custody: Sole and joint. Sole physical custody is when the child primarily lives with one parent, and the other may have visitation rights. Joint physical custody is when the child spends a significant amount of time with both parents. Legal custody gives the parents the legal right to have decision-making authority. This authority covers the significant decisions in how the child is cared for and raised. It includes things like health care, education, religion, and extracurricular activities.

Custody orders will include a visitation schedule that outlines when and where the child will spend time. This schedule will include daily and weekly schedules, holidays, school breaks, and summer vacations. Custody orders often influence child support payments, as the parent with primary custody may receive financial support from the non-custodial parent.

Courts follow the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) when creating and enforcing custody orders. This act contains laws that define which state has jurisdiction over custody cases when the situation crosses state lines. Courts also make decisions that follow the law and are in the best interest of the child.

Some states have unique approaches or laws governing custody orders and parenting plans. In Texas, the term “conservatorship” is used instead of legal custody. Florida requires all custody orders to have a parenting plan. Mississippi and Georgia do not require the parenting plan to be written unless ordered by a judge.

Factors Influencing Custody Decisions and Parenting Plans

Courts determine custody arrangements based on what will best serve the child’s physical, emotional, and psychological well-being. The “best interests of the child” standard aims to create stability and consistency in the child’s life. The court looks at each parent’s ability to meet the child’s needs and the child’s relationship with each parent. The court will consider any potentially harmful factors, such as a history of abuse, neglect, or substance abuse. Depending on the state, the court may consider the child’s preference. However, this is dependent on the child’s age and maturity level.

Joint custody is typically favored if both parents are fit and actively involved. If one parent is unfit or unable to provide a stable home, the court may award sole custody to the child’s other parent, with visitation rights for the non-custodial parent. Parenting plans are customized based on the unique circumstances of the family, ensuring that the child’s needs are prioritized. High-conflict cases may result in more structured or court-monitored parenting plans.

While courts agree that the child’s best interest is the most important, state laws can vary significantly. Hiring a family law attorney can give you valuable legal guidance. A lawyer with experience with the governing family court can give insight into how the court typically rules. They can help you gather evidence to support your claims and negotiate the terms of the parenting plan.

Special Considerations in Custody Arrangements

Courts will often alternate holidays so that both parents can spend time with the child and make memories during important times. This approach is used for the child’s birthday, Christmas, Thanksgiving, and New Year’s. Courts will also use extended school breaks, such as summer break, to give the non-custodial parent more time with the child. Courts may allow out-of-state vacations but often require notice and approval from the other parent or court.

Courts will use a temporary custody order in cases involving parental separation, domestic violence, or emergency child protection. This is a temporary solution to provide structure and stability for the child while the permanent custody order is formed and issued at the final hearing. Temporary orders typically influence final custody decisions if the arrangement proves stable and beneficial for the child. The court may issue an emergency custody order if the child’s safety is threatened.

To have a successful co-parenting relationship, the parents need to be flexible. Courts encourage parents to be open to adjusting their schedules as needed to accommodate unforeseen work, school, or activity conflicts. Similarly, if one parent plans to move, the parenting plan and visitation schedule may need to be changed.

Courts recognize that both parents have rights, even if one has primary custody. The non-custodial parent has several rights:

• Right to access school and medical records.
• Right to regular communication with the child (phone, video calls, email).
• Right to be involved in major decisions unless restricted by the court.

The non-custodial parent has a right to enforce their rights in family court. Courts favor frequent, meaningful contact with both parents unless it harms the child. If a custodial parent denies visitation, courts may enforce the order with penalties. Some states, like Illinois, allow non-custodial parents to request compensatory time for missed visits.

Practical Steps to Formulating Effective Parenting Plans and Custody Orders

Drafting a parenting plan should be a thoughtful and thorough process. It needs to address the child’s needs in all aspects of life. Parents should ensure the agreement meets the child’s developmental and social needs. Both parents should have fair input on decision-making and time-sharing. Professional mediators or legal representatives can facilitate negotiations if parents struggle to agree. Family law attorneys help parents create a comprehensive parenting plan while protecting their rights and meeting the child’s needs. They prepare the necessary documents and submit them to the court. If necessary, a family law attorney will represent their parent client in court hearings. In cases of non-compliance, attorneys can request enforcement measures such as fines or custody modifications.

Ideally, the parents know what is best for their child and family situation. The court encourages parents to work together to create a custom parenting plan. Negotiation and mediation can help reduce conflict and lay the groundwork for a cooperative parenting relationship. They are also more cost-effective because they require minimal court involvement. Many states, including California and Michigan, require mediation before going to trial. Judges may refer parents to mediation to resolve disputes over the custody order and visitation agreement.

In high-conflict situations, the court may require the assistance of professionals. Child psychologists assess emotional and developmental needs. Some states, like Texas, require court-appointed evaluators in disputed custody cases.

Garriott explains the careful balance attorneys must maintain when assisting clients. On the one hand, creating a detailed parenting plan can reduce the risk of conflict; on the other, an overly detailed parenting plan can create a greater risk for one parent to accidentally not follow the parenting plan’s complicated terms. “It’s kind of a double-edged sword because sometimes if parents don’t get along and you’re very specific, it opens the door for one parent to file in court and say [the other parent] is violating the custody order of a parenting plan.”

Once an agreement has been made, the parents need to formalize it with court approval. Some states, like New York and Florida, require court approval for parenting plans to be legally enforceable. In these states, agreements may not be upheld in case of disputes without a court order.

If a parent wants to modify the parenting plan, they may be able to do so. However, most states require the parent requesting the change to prove that there has been a “substantial change in circumstances” before modifying custody. the court will then review the requested changes to ensure they are in the child’s best interest. Some states, like Georgia, require a two-year waiting period before requesting modification.

Find Legal Help

Establishing a clear and effective custody arrangement is essential for providing stability and security for your child. A well-crafted parenting plan allows for flexibility and collaboration. A custody order provides legal backing if disputes arise. Courts prioritize the child’s best interests, examining parental involvement, stability, and special considerations such as holidays and major life events. Consulting a family law attorney can help you navigate these decisions, ensuring that your parental rights are upheld and that your child’s needs remain at the forefront.

Visit the Super Lawyers directory to begin your search for an experienced custody and visitation law attorney. For more information, read our guides on family law for additional information.