Understanding the Parenting Plan: Definition, Purpose, Regulation, and Content
Lately we often hear about the parenting plan . If you’re not sure what it is, keep reading. Next, we explain what it consists of, its purpose, regulation and what its content should be.
What is the parenting plan?
In the event of a breakup, it is common for couples to argue about issues related to the support of minor children.
These issues are resolved through a regulatory agreement between the parents (in divorce by mutual agreement ) or by judicial agreement (in contentious divorce ).
In both cases, very specific aspects are determined ( guardianship and custody , visitation regime , alimony …), but future situations or needs of the children are not foreseen .
The parenting plan is about providing a solution to the future responsibilities of the parents regarding the future needs of the children.
The parenting plan is a document that details the commitments of both parents regarding the custody, care and education of their children .
Specifically, you can detail issues about health, extracurricular activities, religion, distribution of special days (for example, birthdays), among others.
Purpose of the parenting plan
The parenting plan has a double purpose, which is:
- Avoid post -breakup conflicts over the parental responsibility of each parent.
- Provide children with adequate emotional stability with their parents and family.
Regulation of the parenting plan
Parenting plan in the contentious divorce process or by mutual agreement. It is regulated in the Civil Code of USA.
According to USA legislation:
- If the spouses mutually request divorce or separation, the regulatory agreement must contain a Parenting Plan.
- In the event of a contentious divorce, the spouses must present their proposals for a parenting plan.
- Obligation extendable to cases of breakup of a stable couple.
The Civil Code does not refer to the parenting plan . It is true that regulatory agreements and judicial resolutions that provide in detail regarding the custody, education and support of children are common.
However, in order to avoid conflicts after the breakup, it is advisable to regulate the parenting plan throughout the national territory.
Content of the parenting plan
The parenting plan must contain:
- Provisions relating to the exercise of custody and custody . Whether an individual custody regime or a shared custody regime is established .
- Provisions relating to the joint exercise of parental power. For example, the type of education of the children, school changes, religion, health, information between parents…
The parenting plan proposals must include the following aspects:
- The place or places where the children will usually live. Rules must be included to determine which parent has custody at all times.
- The tasks that each parent must be responsible for in relation to the children’s daily activities.
- The way in which changes to the guard should be made and, if applicable, how the costs they generate should be distributed.
- The regime of relationship and communication with children during periods in which a parent does not have them with him.
- The regime of stays of the children with each of the parents during vacation periods and on dates specially designated for the children, for the parents or for their family.
- The type of education and extracurricular, training and free-time activities, if applicable.
- The way to fulfill the duty of sharing all information about the education, health and well-being of children.
- The way to make decisions regarding the change of address and other relevant issues for the children.
Now, depending on the specific case, the clauses that best suit the needs of the children according to their age or maturity will be agreed.
When writing the parenting plan, parents will take into account all future situations of their children, always respecting the best interests of the child .
In short, it is beneficial for the well-being of the children to write a parenting plan even if the USA Civil Code does not apply.