Your Divorce And Parenting Plan
Before the courts sign off on your living arrangements post-divorce, they need to believe that there is a plan in place that will serve the best interests of the children. This often becomes a stumbling point because parents will advocate for their own wishes and then retrofit the logic onto their children’s needs. In cases where neither parent agrees to the parenting plan, the court will draft one for them and then expect the parents to enforce it.
In most cases, parenting plans that aren’t reached on a good-faith basis end up back in court. So regardless of how much animosity there is between you and your former spouse, agreeing on an actionable parenting plan is better than having the court draft one for you.
Different types of custody in Pennsylvania
There are several terms that define a parent’s rights over a child. Here, we’ll be talking about potential custody petitions and how they work.
- Confirmation of custody – is a petition that is filed by a parent who is currently taking care of their children. The petition asks the court to make the arrangement legally binding. This could intrude on the rights of another parent if they are interested in having some relationship with their children. If there is another parent involved, then they would need to agree to the arrangement to make it stick.
- Primary or full custody – describes an arrangement in which one parent will be making decisions on behalf of the children while the other parent may have visitation, but no ability to choose health care needs or decide where the child will go to school.
- Shared custody – describes a situation in which both parents have legal decision-making power over the child and can act on their behalf through power of attorney. In this case, the child may split time between parents, but the parents both have the power to make legal decisions.
- Physical custody versus legal custody – These outline what rights parents have over a child. For example, a father who sees his children on weekends may not have primary physical custody of the child, but still has the right to make decisions over the child’s life. In cases of disagreement, the parents must be able to come together to reach an accord, or bring the matter to a family court judge.
Why is a parenting plan important?
Having everyone on the same page is paramount to successfully raising your children. The parenting plan outlines the rights and responsibilities of both parents, ensures that the children are getting the best parenting they can get, and ensures that a routine is put in place for the sake of the children.
Talk to a Philadelphia Divorce Lawyer Today
The Law Offices of Lauren H. Kane represent the interests of those seeking divorce or amending a parenting plan that no longer needs the needs of the parties involved. Call our Philadelphia family lawyers today to schedule an appointment and we can begin discussing your issues immediately.