Making a Parenting
Plan
What is a Parenting Plan?
A
Parenting Plan is a written agreement created by parents explaining how they
will meet the needs of the child or children.
Do I Have to Have a Parenting Plan?
No. You and the other parent decide if you want
to make a Parenting Plan. Sometimes the
court will make one for you, but not if one parent has committed domestic abuse
against the other parent or the child.
Can I Have a Parenting Plan If I Am
Not Married to the Other Parent?
Yes.
What Must Be In the Parenting Plan?
The Plan must
include
·
A
schedule of the time each parent spends with the child
·
Who
will make certain decisions about the
child
AND
·
A
way to settle arguments
What Other Things Can Be In the
Parenting Plan?
The Plan may
use terms other than “physical” and “legal custody.” But, it must also clearly state if the
parents have joint legal custody or joint physical custody or which parent has
sole legal custody or sole physical custody.
You can tell
the court how you would like it to make the decision about moving a child’s place
of residence from
·
Both
parents have a lawyer when the court approves the Plan
OR
·
The
court order says both parents were fully informed, the Plan was voluntary, and
the parents understand it.
The Plan can explain
which expenses each parent pays for the child so long as it agrees with the
You can be as
detailed as you want in your Parenting Plan.
For example, you can make specific schedules for holidays, school breaks
and birthdays. Your plan can explain the
amount of phone and email contact with the child or the child’s participation
in activities such as sports and music.
A sample Parenting Plan can be found online at
http://www.extension.umn.edu/distribution/familydevelopment/components/8019_worksheet.html
What If There Has Been Domestic Abuse?
If one parent
has committed domestic abuse against the other parent or a child
·
the
court cannot make a Parenting Plan for you
·
the
court cannot order the Parenting Plan to
provide joint legal custody
AND
·
the
Parenting Plan’s way to settle arguments can only be through the court
What If I Want to Change the Parenting
Plan Later?
You can
change the Parenting Plan if you and the other parent agree. But to enforce the change, you must have a court
order.
Divorce and custody cases are
complicated and affect important legal rights.
It is best to get legal advice from a lawyer.
To find a lawyer in your area go to www.lawhelpMN.org
OR
In
In
In
|
MN Legal Services Coalition
|
Don’t use this fact sheet if it is more than 1 year old. Write
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a legal problem. See a lawyer for advice. For more information see visit www.lawhelpmn.org |