CJane
Senior Member
What is the name of your state? N/A
I found this on a law blog, and thought - if anyone were ever to do a search - that it would be helpful to people writing parenting plans or trying to figure out what is important to include in a custody motion.
I found this on a law blog, and thought - if anyone were ever to do a search - that it would be helpful to people writing parenting plans or trying to figure out what is important to include in a custody motion.
Dan Nunley of Oklahoma has made a list of mistakes that are common in parenting plans. They are:
1. The use of a non-specific parenting schedule (the "liberal and frequent visitation" clause). The phrase "liberal and frequent visitation" has no defined meaning in a court of law; the phrase means whatever the custodial parent says it means and is subject to change without notice.
2. No provision for discussion regarding residential moves by the custodial parent. Move-away disputes are among the most hotly-contested post divorce issues brought to family court, and almost always an issue that a well-written parenting plan could help resolve (or prevent).
3. No section covering access to and/or the sharing of medical and educational records. Although many States now have laws that address these issues, non-custodial parents still frequently encounter difficulty in obtaining records from local school systems and doctors.
4. No provision for domestic and/or overseas travel or travel restrictions. This isn't a common source of trouble, but for couples who travel abroad frequently, who are from different countries or who have different citizenship statuses, this may be an important item to clarify.
5. Not including guidelines for future medical care, such as orthodontia or other medical/surgical treatments, as well as how the costs for such care will be split.
6. No provision for how the potential impact of loss of employment or disability will be handled (for either parent).
7. No provision on methods to handle future disputes and the expenses related to the disputes. Mediation is often called for as a first step. Mediation acts as a 'buffer zone' for disputes in family court, 'screening' some out by resolving them before the court system is actually engaged.
8. No requirement for a periodic review of child support amount (upward or downward). Although some States do this automatically now, it is also a good idea to have this addressed in the parenting plan.
9. Not including a provision for changing parenting time schedules as the child gets older. This can be a difficult provision to include, because no one knows what direction events, including children's choices and desires, will go. Nonetheless, there should be guidelines for managing potential schedule changes.
10. No provision for or discussion of future educational choices, including college, and no clear determination of how the costs will be split.