Navigating Shared Parenting Plans and Parenting Time
Navigating the complexities of family law can be daunting, especially when children are involved. If your relationship is facing challenges and you have kids, you might have discussed parenting orders with friends who are divorced or separated. One term you may have encountered is the Shared Parenting Plan.
When new clients inquire about Shared Parenting Plans, many assume it means each parent will have their children 50% of the time. While this can be true, the legal perspective of Shared Parenting focuses on decision-making. This includes choices about your child's education, medical procedures, and religious upbringing. The court expects parents to overcome conflicts and cooperate to make informed joint decisions about their children.
In contrast, a Sole Custody order grants decision-making power to one parent, while the other still has parenting time. Sole custody does not mean the non-custodial parent never sees the children. Parenting schedules, which are separate from decision-making, can vary. For instance, a Shared Parenting Plan might involve one parent having alternating weekends, while a Sole Custody order could include a 50/50 parenting schedule.
Parenting schedules are typically based on each parent's availability to provide meaningful parenting time. As children approach their teenage years, their relationship with each parent may also influence the schedule. It is extremely rare for one parent to never see their children.
Shared Parenting has its advantages and challenges. It requires cooperation and regular involvement, making it difficult for a parent to move out of state. Both parents must exert personal effort, as neither is the concierge for the other. If circumstances change, modifying the primary residence in a Shared Parenting Plan is easier than switching Sole Custody from one parent to the other. Schedule modifications only need to consider the child's best interest, without requiring significant changes to justify the adjustment.
Terminating Shared Parenting is considered the nuclear option in family law. If the court terminates Shared Parenting, it can grant custody to either parent, even the non-movant. If you seek termination, the court will evaluate whether parental cooperation or discord makes Shared Parenting unsuitable for your children. Be cautious with this motion, as you must present a strong case to be the primary caretaker.
Courts generally prefer Shared Parenting as the default setting in most cases. If you oppose Shared Parenting, your reasons must be clear, compelling, and supported by evidence. Discussing the desire for sole custody early in your representation is crucial.
Navigating the complexities of shared parenting and parenting time can be challenging. Ensure your family’s best interests are protected by contacting N.P. Weiss and scheduling a consultation.
This blog was drafted by Eric J. Cherry, an experienced attorney at N.P. Weiss Law who practices family and criminal law. For more information about Eric, you can visit his bio page.
This article is meant to be utilized as a general guideline. Nothing in this blog is intended to create an attorney-client relationship or to provide legal advice on which you should rely without talking to your own retained attorney first. If you have questions about your particular legal situation, you should contact a legal professional.