Creating Parenting Plans if Parents Live in Different States

Child custody cases are challenging enough when the parents live near each other. Co-parenting when the parents live in different states adds another layer of difficulties to consider. Ultimately, parents want the best for their child’s life. Sometimes, this means one parent must move to another state. This means the parenting plan must reflect the change in living circumstances. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) outlines how family law handles child custody across state lines.

Parenting Plans vs. Custody Orders

Before discussing the details of a parenting plan, it is important to understand the difference between a parenting plan and a custody order. A child custody order is a family court-issued legal document that outlines physical and legal custody of the child. These are the legal rights and responsibilities of the parents of the child. It will state whether the parents have sole or joint physical custody and sole or joint legal custody. A parenting plan is a document that outlines the terms the parents agree to follow when raising their children. A parenting plan is like a contract between the parents, so it is legally enforceable when prepared correctly.

Before creating the parenting plan, the parents should determine which state will govern the document. While all states follow the UCCJEA, states also have unique laws that can apply to the parenting plan. The UCCJEA dictates the method for determining which state has jurisdiction in custody matters. These are the child’s home state laws that govern custody matters. When one parent moves out of state, both parents should consult with family law attorneys. That way, they follow the correct state’s laws.

Richard E. Garriott, a family law attorney at Garriott Maurer in Virginia Beach, Virginia, explains how the UCCJEA is applied to child custody cases when parents live in different states. “Basically, the UCCJEA has been set up to prevent multiple litigations from going on in multiple case states at the same time. Say you’ve got parents [who] both lived in Virginia. Virginia enters a custody order, and then one parent moves to Montana. Well, Virginia would maintain jurisdiction over the matter as long as the child is living in Virginia.”

Key Components of an Interstate Parenting Plan

A parenting plan for parents who live in different states will have many of the same elements as other parenting plans. However, many will have a different approach. There are also several additional terms that are not typically necessary for parents who live near each other.

Physical Custody

First, it will define custody and child support. Physical custody of a child can either be sole or joint physical custody. Custody arrangements typically work around the child’s school schedule in long-distance situations. For example, the custody schedule will have the child live with one parent during the school year and with the other parent during the summer and other holidays. For other parents, the visitation schedule could have the child visiting the other parent for a long weekend once a month. In some situations, one parent may have sole custody, and the child may live with one parent the entire time.

The exact parenting schedule will depend on the child’s age, the distance between the parents, and the parent’s ability to pay for travel. Parents in different states but still relatively close can have a more detailed schedule where the child travels for all school breaks, such as single-day holidays and spring break.

Legal Custody

In addition to physical custody, there is legal custody. Both parents can have legal custody without having physical custody. This is the decision-making responsibility for the major issues of child-rearing. Examples covered in this responsibility include decisions about health care, education, and religion.

Child Support

Another must-have term is child support. This is the financial support the non-custodial parent will provide the other parent to help pay for the child’s needs. Each state has a statutorily defined calculation method for determining the child support amount.

Communications and Travel Arrangements

Communication is essential in a long-distance custody agreement. Because one parent isn’t physically present, technology facilitates the child’s relationship with them. Contacting and communicating with the child can help them build a strong relationship. It could include chats, phone calls, and video calls.

Finally, the parenting plan must include travel arrangements. The child will have to travel long distances between the parents, so the standard pick-up and drop-off terms are insufficient. The travel terms will depend completely on the parents’ situation. If the parents are within driving distance, they could drive across state lines to meet in the middle. This can work if both parents end up driving for a few hours. For parents who live farther apart, driving may not be possible. Then, the parenting plan will need to address flight arrangements. Flying can generate significant travel costs. The terms can vary significantly depending on the parent’s finances, the child’s age, and the distance flown. Some parents may want to book only direct flights with no layovers. They could opt to require a trusted adult to accompany the child during flights. Parents should also consider the future. A young child may require an escort now, but this may not be necessary when they become a teen.

Special Considerations in Long-Distance Parenting

The long-distance element of interstate parenting brings additional challenges. Parents should keep the best interests of the child at the forefront of their minds. Long distance travel creates additional pressure and constraints for young children. They can experience psychological and emotional challenges with one parent not being physically present in their daily life. In addition, the transitions between the parent’s homes are greater. Traveling between the homes can create instability for the child. Parents need to balance physical custody time with continuity for the child. Maintaining consistency for the child with schooling, home life, and social connections is important.

Garriott stresses the importance of consulting with a family law attorney for local expertise. “My understanding, and I’m not an expert in any other state, but most states have standards set in their codes that will give guidance to the court and ultimately to lawyers and parents. The court will try to decide what the child’s best interest is.”

Parents should look for ways to facilitate their co-parenting efforts, such as technology that can bridge the physical distance gap. It’s important to keep the other parent in the loop and informed about what is going on with the child despite being physically distant.

Legal Steps and Finalizing the Parenting Plan

Once parents have finalized their parenting plan terms, they need to formalize the agreement to make it legally enforceable. They should have the parenting plan typed into a complete document that both parents sign. Then, they should submit a petition to the correct court with a copy of the parenting plan. It’s crucial to choose the correct court that has jurisdiction and follow the required procedure. Otherwise, the court will reject the petition.

This is why hiring a family law attorney can be beneficial. A lawyer will know how to properly format the parenting plan and what elements are required to be included. The lawyer will also submit it to the correct court and follow the necessary procedures.

Find Legal Help

When one parent lives in another state, it’s challenging to co-parent actively and meaningfully. It takes both parents’ efforts to protect the child’s well-being. Having a parenting plan that recognizes these challenges can help give parents a road map to ensure both parents can have a meaningful relationship with the child. Seeking legal advice from a family law attorney can help parents create their parenting plan. Their lawyers can help them understand their legal options and different approaches to a healthy co-parenting relationship.

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