A successful parenting plan is a comprehensive, clear, and practical agreement that outlines how separated or divorced parents will raise their children. It should prioritize the best interests of the child while ensuring both parents have a clear understanding of their roles and responsibilities. As a general rule, specific language is better than general language. The parenting plan should not attempt to limit parental rights that are established by state law and can’t be changed. In Massachusetts, both parents have access to school, medical, and religious records and personnel. These rights can’t be restricted by agreement of the parties.
Here are the key components that go into a successful parenting plan:
How are decisions about the welfare of the child to be made? If parents are to make the decisions together, what happens if the two can’t agree? Is one parent to control or are both parents compelled to submit the issue to a neutral third party?
2. Parenting Time Schedule
A parenting schedule should consider the following:
Regular Schedule: Weekday and weekend arrangements.
Holidays and Special Occasions: Clear division of holidays, birthdays, vacations, etc.
School Vacations: Summer, winter, and spring break arrangements.
Travel: Guidelines for travel with the child (e.g., notification, approvals, passports).
3. Communication Guidelines
Parent-Child Communication: How and when the child communicates with the non-custodial parent (calls, video chats, etc.).
Parent-Parent Communication: Separated parties should assume that every communication could end up being presented to a judge. Written communications should be preferred over verbal communications. Parties may use verbal communications but should confirm the agreement or conclusion in a confirmatory text or email. Courts frequently encourage parents to use parenting apps like “Our Family Wizard” or “AppClose” It may also be helpful to specify certain expectations of communications such as respectful tone and response times.
4. Education and Extracurricular Activities
School Choice: Agreed school(s) or education approach.
Extra Curricular Activities: Agreement on attendance and financial responsibility for extracurricular, sports, music lessons, etc.
5. Healthcare and Medical Decisions
Medical Providers: Primary care, dentist, specialists, and access to records. Emergency medical decisions will be made by the parent with the child at the time of the emergency. Non-emergency decisions should be made jointly. There is now a national debate about vaccines and inserting language about vaccines may eliminate future disputes.
Health Insurance: Who provides it, and how uninsured costs are shared and reimbursed.
Emergencies: Notification procedures.
6. Financial Responsibilities
Child Support: Child support should consider state guidelines. Even if the parties decide to deviate from the state guidelines, the guideline calculations must be stated. If child support is based on the guidelines, the parties should consider periodic exchange of financial information and recalculation of guidelines.
Other Expenses: The parties should discuss if there are other expenses that should be shared by the parties. It is not unusual for parents to pay for private school (before college), summer camp, and other activities. A parenting agreement should specify any such extra expenses and how the parents will allocate the cost between them.
7. Modification Clause: How the plan can be reviewed and modified over time.
Tips for Success:
Clarity: Be specific. Avoid vague terms like “reasonable time.”
Cooperation: The plan should promote collaboration, not competition.
Child-Centered: Every clause should ultimately serve the child’s best interests.
An experienced divorce lawyer can help people create a parenting plan that can minimize problems through the minority of the child or children. While some of the elements of a parenting plan may seem very difficult for parties to discuss, an experienced lawyer is likely to have solutions that will be acceptable to both parties and may simplify the creation of a successful parenting plan.
