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Questions to Ask While Drafting a Parenting Plan
As part of a divorce with children, you will have to settle the matter of custody with your spouse. Drafting a parenting plan is a crucial part of this process, as it details how parenting time will be divided as well as decision-making responsibility. With the help of an Illinois divorce lawyer, you can draft a parenting plan that accounts for your child’s needs in the long term.
Child custody concerns should be handled with care and attention. At Shaw Sanders, P.C., our family law attorneys have extensive experience working out custody agreements between spouses, and we can guide you through the process of creating a parenting plan.
Is Your Plan Best for The Child?
Before you submit your parenting plan to the court, you should ask yourself whether the plan is in your child’s best interests. Aside from simply doing the right thing, this should be a major consideration because the court will reject any plan that goes against the child’s well-being.
For instance, if you propose a plan that denies your spouse parenting time out of spite, the court will almost certainly reject it. The courts generally try to encourage a healthy dynamic between the child and both parents, so joint custody agreements are favored. Other important considerations might include the child’s distance to his or her school or community, or how he or she gets along with other family members.
Does The Plan Address Everything?
In your parenting plan, you and your spouse must create a schedule for parenting time as well as decision-making responsibility. More detail is better than less, since unclear or vague language in your parenting plan could lead to later arguments. Your parenting plan can also include terms for how you and your ex will communicate about important parenting matters.
Common disagreements in parenting plans center around decision-making responsibility, especially pertaining to healthcare or education decisions. Many of these disputes can be resolved ahead of time with careful planning and using clear language in the plan. As such, it is important that you take the time to draft a mutually agreeable parenting plan the first time around.
Do You Need to Submit a Separate Plan?
In most cases, parents will submit a shared parenting plan for the court’s consideration. However, if negotiations break down, you can choose to submit separate parenting plans to the court. This step should not be taken lightly, as litigation over child custody can be a traumatic affair for a child.
A judge may appoint a special representative known as a guardian ad litem to investigate your family before any decision can be made about a parenting plan. At Shaw Sanders, P.C., we will do our best to help negotiate your parenting plan outside of court, but if necessary, we can aggressively advocate for your child’s best interests in court.
Contact a St. Charles, IL Family Law Attorney
If you do not know where to begin when drafting a parenting plan, Shaw Sanders, P.C. is ready to help. Our Kane County, IL divorce lawyers can review your parenting plan to make sure it covers all of the necessary information, proposing creative solutions as needed. Call us at 630-584-5550 for a complimentary consultation.
630-584-5550