Mistakes in Parenting Plans
Missouri requires that in each dissolution with children or in a modification, the parties are to file a parenting plan with the court. The initial parenting plans set forth for the court what each party wants and, hopefully, believes is in the best interest of the children. The parenting plan is to include, but not necessarily limited to: the specific type of legal and physical custody for each parent; the custodial or visitation time periods for each parent; how the educational, extracurricular and health or medical costs are to be divided between the parents; each parent's child support sums; who is to provide the health or medical insurance for the children; how disputes are to be resolved; relocation provisions; and whether or not local law enforcement officials are to assist in the enforcement of the parenting plan.
Dan Nunley of Oklahoma has made a list of mistakes that are common in parenting plans. They are:
1. The use of a non-specific parenting schedule (the "liberal and frequent visitation" clause). The phrase "liberal and frequent visitation" has no defined meaning in a court of law; the phrase means whatever the custodial parent says it means and is subject to change without notice.
2. No provision for discussion regarding residential moves by the custodial parent. Move-away disputes are among the most hotly-contested post divorce issues brought to family court, and almost always an issue that a well-written parenting plan could help resolve (or prevent).
3. No section covering access to and/or the sharing of medical and educational records. Although many States now have laws that address these issues, non-custodial parents still frequently encounter difficulty in obtaining records from local school systems and doctors.
4. No provision for domestic and/or overseas travel or travel restrictions. This isn't a common source of trouble, but for couples who travel abroad frequently, who are from different countries or who have different citizenship statuses, this may be an important item to clarify.
5. Not including guidelines for future medical care, such as orthodontia or other medical/surgical treatments, as well as how the costs for such care will be split.
6. No provision for how the potential impact of loss of employment or disability will be handled (for either parent).
7. No provision on methods to handle future disputes and the expenses related to the disputes. Mediation is often called for as a first step. Mediation acts as a 'buffer zone' for disputes in family court, 'screening' some out by resolving them before the court system is actually engaged.
8. No requirement for a periodic review of child support amount (upward or downward). Although some States do this automatically now, it is also a good idea to have this addressed in the parenting plan.
9. Not including a provision for changing parenting time schedules as the child gets older. This can be a difficult provision to include, because no one knows what direction events, including children's choices and desires, will go. Nonetheless, there should be guidelines for managing potential schedule changes.
10. No provision for or discussion of future educational choices, including college, and no clear determination of how the costs will be split.
To read more about this, go to the Oklahoma Family Law blog, go to Oklahoma Family Law Blog.
The bottom line is - if you have a "what if" question or specific thought regarding your child when discussing a parenting plan, make sure you bring these issues up with your attorney. Your attorney should know what the statute requires to be in a parenting plan and what has worked in numerous cases before, but you are the one that knows the traditions of holidays, the child's wants or needs, etc. and you have to make sure these items are brought to your attorney's attention so they can be included in the parenting plan or at least considered.
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