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Typically, a parenting agreement will include details about who has physical custody of the children, or if both parties share joint custody. Another key factor of your parenting plan will relate to parental access, outlining how visitation is to be facilitated for the non-custodial parent.
Especially when shared custody is on the table, it is important to clearly define what decisions are being made between both parents as well as what the parenting arrangement will look like when it plays out.
Additionally, your parenting agreement should account for disagreements and impasses. In other words, how will disagreements be handled regarding your child’s well-being and best interests? This could involve creating provisions that require consultations with doctors, guidance counselors, or other professionals to break any impasses that arise.
Aside from this, other core issues to consider may include things such as where your children will attend school and if any relocation is required.
First and foremost, I do not recommend trying to create a parenting plan on your own. You will want to contact an attorney or mediator who can steer you in the right direction.
If both parties do not have the money to hire an attorney, you are likely better off filing custody and visitation petitions in family court and having the attorneys assigned to your case reach a custody agreement that can be incorporated into a court order.
If you are truly unable to afford counsel, it’s possible the courts will waive your mediator fees. However, it’s important to keep in mind you would either want to go to an attorney or a mediator to start the process if you can otherwise afford to do so.
This is not something that would generally complicate a divorce, but you will need to address in the parenting plan what special circumstances will look like. In other words, you will want to plan ahead to determine who will receive custody during certain holidays, such as Thanksgiving and Christmas and what conditions will factor into these decisions.
There is no golden rule for incorporating holidays and special events into your parenting plan, as every family is different and has unique interests to consider.
For instance, some families may choose to alternate each year, meaning the mother may have the children for Christmas one year and the father would alternate and take the kids the next year. It’s also important to consider the structure of this agreement, establishing dynamics such as holiday pick-up and drop-off times.
Again, these parameters can change from family to family, but addressing them upfront is crucial.
Disagreements in the parenting plan can typically be handled by reporting back to your mediator or each party returning to their respective attorneys to address the impasse.
Either your attorney or mediator will review your options for resolving your disagreement with you, but you are generally better off going to your attorney for a more comprehensive outlook. However, if you are unable to break the impasse in either circumstance, you will need to contest the case in court.
Attorney David Bliven is a seasoned lawyer based in Westchester County, NY who has helped countless clients just like you navigate the intricacies of custody law in New York. With over two decades of legal experience, David is prepared to help you create a parenting plan that accounts for all of your needs so that you can avoid any complications down the road.
Still have questions? Ready to get started? Contact the Law Offices of David Bliven today to schedule an initial consultation.
Depending on the age of your children, this can look different for your situation. The common issue is that each parent generally has a different idea of what they think is in the best interests of the children, and your respective attorney is responsible for advocating for what their client wants over the needs of the child.
Your attorney may suggest utilizing certain clauses or provisions in your plan to account for your child’s needs while avoiding deferring decisions altogether to the child. Most likely, a Judge will not feel comfortable signing off on a clause which defers decisions to the child about their custody and visitation. However, the child may be granted certain veto powers over extracurricular activities, even at the behest of one parent or the other (if such a provision is agreed-upon).
Your parenting plan can absolutely be modified after your divorce is finalized. The parenting agreement is incorporated into your final divorce judgment, meaning it becomes part of the court order.
If one is not going to change other aspects of the divorce judgment but one wants to modify the parenting agreement, either party can go to family court or supreme court. At this point, a Judge will review your application to determine whether or not you have a basis to modify the agreement.
As your children get older, it is possible their needs will change and you will need to modify your parenting plan to work in their best interests. The recommended approach for modifying your parenting arrangement is for both parties to return to mediation, however attorneys can be hired if you wish to avoid the mediation process.
However, it is possible to make alternate arrangements without working with a mediator or an attorney. Sometimes, as children get older, you will be able to make private arrangements informally with the other party after discussing what is in the best interests of your children.
The primary drawback to these arrangements is that they are generally not enforceable, meaning any changes made will be based on the honor system unless otherwise formalized through a mediator or an attorney.
One agreement I did most recently involved a nesting situation. This is certainly something that occurs, but it’s rare. The parties in this case owned a martial home that they did not want to sell right away.
They each had the resources to live with loved ones or rent a temporary residence, so they arranged for each parent to spend a certain number of days raising the children in the marital home on a rotating schedule.
This case occurred several months ago, and I haven’t heard from either party since. I would assume this means their arrangement is currently working out. There could very well come a time when they decide to sell the marital residence and their arrangement will need to be modified, but that is a bridge we can cross when we get there.
A primary component of making sure we are meeting unique needs is interviewing our clients to understand exactly what they are looking for. This way, we can figure out the fine details about exactly what one is willing to settle for and what our position is in terms of litigation.
Sometimes, it is beneficial to have settlement conferences where all parties meet in a conference room in order to hash out an arrangement. These meetings can also be conducted over Zoom, depending on your preferences.
For more information on Parenting Plan For Uncontested Divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (347) 797-1188 today.
Attorney David Bliven is a seasoned lawyer based in Westchester County, NY who has helped countless clients just like you navigate the intricacies of custody law in New York. With over two decades of legal experience, David is prepared to help you create a parenting plan that accounts for all of your needs so that you can avoid any complications down the road.
Still have questions? Ready to get started? Contact the Law Offices of David Bliven today to schedule an initial consultation.
