Creating a Parenting Plan After Divorce for Child Custody

When a couple gets divorced, one of the most pressing questions is: What happens to the kids? No parent will say they want anything but the best for their children, but the emotional weight of separation and the changes that follow often create instability. A well-structured parenting plan ensures children do not become casualties of divorce, offering consistency, stability, and legal clarity.

Parenting plans are not only practical but often legally necessary. Under California Family Code, courts must make custody and visitation orders based on the best interests of the child, considering health, safety, and welfare. A parenting plan allows parents to shape those decisions rather than leaving everything to the court.

Legislative Efforts to Protect Children

Local Assemblyman George Runner emphasized the importance of parenting plans by authorizing AB 913, a bill that requires divorcing couples to file a parenting plan within a 90-day waiting period after filing divorce papers. The bill aimed to ensure that children’s needs are prioritized from the outset of the divorce process, encouraging parents to create thoughtful agreements that minimize conflict and promote their well-being.

Even when not legally required, courts often prefer that parents submit a joint plan rather than litigating every detail of the matter. This proactive approach reduces conflict and helps children adjust more smoothly to their new environment.

What Is a Parenting Plan?

A parenting plan, sometimes referred to as a co-parenting agreement or custody plan, is a written agreement between divorcing or separating parents that outlines how their children’s welfare will be protected. While each plan is unique, they typically include:

• Custody arrangements: Legal custody (decision-making power) and physical custody (where the child lives).
• Visitation schedules: How children spend time with each parent.
• Child support and financial obligations: Who pays for what, including healthcare, schooling, and extracurricular activities.
• Special circumstances: Holidays, birthdays, summer vacations, and travel arrangements.
• Communication and conflict resolution: How parents will discuss issues, share information, and resolve disputes.

A strong parenting plan is detailed enough to prevent disputes but flexible enough to adapt to changing circumstances.

Custody Arrangements: The First Step

Legal and Physical Custody

The most important decision in a parenting plan is custody. Courts recognize two main categories:

• Legal Custody: The right to make decisions about the child’s education, health care, and general welfare.
• Physical Custody: Where the child primarily resides.

Parents must decide whether custody will be joint or sole, depending on their ability to cooperate and the child’s needs.

Factors Courts Consider

Courts apply the best interest of the child standard under California Family Code §3011 and §3020. Factors include:

• The child’s age, health, and emotional needs.
• Each parent’s ability to provide stability and continuity.
• Any history of abuse, neglect, or substance misuse.
• The relationship between the child and each parent.
• The child’s preference (if old enough and mature).

Special Circumstances in Custody

• Domestic Violence: If one parent has a history of domestic abuse, courts may restrict or deny custody.
• Relocation: A parent who wishes to move a significant distance away must seek court approval, and their plans must address travel costs and arrangements for visitation.
• Special Needs Children: Custody arrangements must account for therapy, medical care, and educational support.
• Interstate or International Cases: Governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), requiring cooperation across state lines.

Creating a Consistent Parenting Schedule

Consistency is essential for children’s emotional security. A parenting schedule should address:

• Day-to-day living arrangements (e.g., alternating weeks, or primary residence with visitation).
• School schedules and extracurricular activities.
• Flexibility for teenage children who may have jobs or sports commitments.

Courts and child psychologists agree that clear, predictable schedules help children adapt and reduce anxiety. Parents should commit to honoring the schedule to avoid unnecessary conflict.

Addressing Financial Responsibilities

Parenting plans should also clarify financial responsibilities. In addition to court-ordered child support, parents should address:

• Health, dental, and vision insurance coverage.
• Costs of childcare, tutoring, or special education.
• College savings or contributions for older children.
• Division of extracurricular activity expenses.

By establishing these provisions, parents ensure financial stability and avoid disagreements later.

Holidays, Vacations, and Special Occasions

Few issues create more tension than holidays. Parenting plans should carefully outline:

• Holiday schedules (alternating years, splitting days, or rotating based on odd/even years).
• Vacations (summer, spring break, or international travel).
• Special days such as birthdays, Mother’s Day, Father’s Day, and cultural or religious holidays.

These provisions prevent disputes and give children reassurance that they will celebrate meaningful occasions with both parents.

Additional Considerations in Parenting Plans

Parents can customize their plans with provisions such as:

• Religious upbringing and practices.
• Parental communication protocols (phone calls, video chats, or email updates).
• Transportation logistics for drop-offs and pick-ups.
• Household rules (discipline, bedtime routines, technology use).
• Introduction of new partners to children after separation.

These details reduce uncertainty and set consistent expectations for the children’s well-being.

Parenting Plans as Living Documents

Parenting plans are not static; they evolve as children grow. Common reasons for modification include:

• A parent relocating for work or remarriage.
• A child developing new medical or educational needs.
• Changes in work schedules or availability of parents.
• Teenagers seeking more autonomy in visitation schedules.

Parents may file a motion to modify custody or visitation when significant changes occur. Courts generally approve modifications if they serve the child’s best interests.

Filing and Enforcing Parenting Plans

Filing the Plan

1. Drafting the Agreement: Parents work with attorneys or mediators to create the plan.
2. Submitting to Court: The plan is filed along with divorce papers or separately in custody proceedings.
3. Judge Review: The court reviews and approves the plan if it serves the child’s best interests.

Enforcing the Plan

If a parent violates the plan, the other parent can:

• File a motion to enforce custody or visitation.
• Request penalties or sanctions against the noncompliant parent.
• Seek modification of custody if violations are serious or repeated.

Courts have broad authority to enforce compliance, including modifying custody orders to ensure the child’s protection.

FAQs About Parenting Plans

What should a parenting plan include?

At a minimum, custody arrangements, visitation schedules, child support, health care responsibilities, and holiday schedules should be addressed. Parents may also include rules for communication, transportation, and education.

Can parenting plans be changed later?

Yes. Parenting plans can be modified if circumstances change significantly. Courts generally require proof that modification serves the child’s best interests.

Do I need a lawyer to create a parenting plan?

While parents can create their own plans, consulting a family law attorney ensures the plan is enforceable and tailored to state laws.

What happens if one parent refuses to follow the parenting plan?

The other parent may file a motion to enforce the plan. Judges can impose penalties or adjust custody if persistent violations occur.

How long does it take to get a parenting plan approved?

Approval timelines vary, but most courts review plans as part of the broader divorce process. Disputes may extend the timeline, especially if custody evaluations are required.

What is the difference between a temporary and permanent parenting plan?

Temporary plans may be implemented during divorce proceedings to provide immediate stability. Permanent plans are finalized as part of the divorce decree and remain in effect unless modified.

Can a parenting plan include step-parents or extended family?

Yes. Plans may include rules about introducing new partners or granting visitation rights to grandparents and extended family members, as long as these arrangements serve the child’s welfare.

Get Legal Help From Reape Rickett

Every divorce is unique, and so is every parenting plan. To protect your rights and ensure your children’s well-being, it is critical to create a plan that complies with state law and addresses your family’s specific needs.

At Reape Rickett, our experienced family law attorneys help parents create, file, and enforce parenting plans that prioritize the best interests of their children. We guide clients through custody negotiations, financial planning, modifications, and enforcement proceedings.

Contact Reape Rickett today to schedule a consultation and safeguard your children’s future with a parenting plan tailored to your family.