Custody and visitation agreements – more commonly known as
“parenting plans” – are written documents that are filed with the court that
include schedules for when children will be with each parent; how health,
schooling, and the children’s welfare decisions will be made; and include ways
in which the children can stay in contact with each parent. A parenting plan
allows you and your children to develop routines, reduce conflicts, and provide
for a sense of security during a time of great change for your child(ren).
A parenting plan will become a court order once you and the
other parent sign it, the judge signs it, and it is filed with the court. A
parenting plan should include items that provide for the children’s needs for
love, guidance, protection, health, diet, rest, and education. The ages of
children should be considered while drafting your parenting plan, as younger
children will need different things than older children will. Additionally, you
know your children better than anyone; your children’s needs are going to be
unique and your plan should be written to be flexible, so your plan adapts to
your children, not the other way around.
Some specifics to consider for your parenting plan include
day-to-day parental time, overnight time, vacation, holidays, and special
activities. It is important to address these factors during the drafting
process so that they do not cause problems later. The parenting plan should be
detailed enough to avoid most conflicts but flexible enough to account for
unforeseen circumstances, such as sicknesses, travel, or work or school
schedules. It should be easily understood by all parties involved so it can be
easily enforced. The main goal of a custody and visitation agreement is to make
the situation as reliable and secure for the children as possible.
Most parenting plans should include provisions for both
parents to get information about the children, get records for the children,
and that the children can contact the parents, and vice versa.
There are several forms that you will need to file (and some
that you may need to file, based on your situation) with the California court
system when you file your parenting plan. We are providing some links here:
·
Child Custody and Visitation Order Attachment
(Form
FL-341)
·
Child Custody and Visitation Application Attachment
(Form
FL-311)
·
Supervised Visitation Order (Form
FL-341(A))
·
Child Abduction Prevention Order Attachment (Form
FL-341(B))
·
Children's Holiday Schedule Attachment (Form
FL-341(C))
·
Additional Provisions — Physical Custody Attachment
(Form FL-341(D))
·
Joint Legal Custody Attachment (Form
FL-341(E))
The forms linked to here have information about how to include weekends, weekdays, vacations, holidays, driving/transport costs, and other details into your parenting plan, including moving.
The preceding information is not legal advice and should not be construed as such. For legal advice, please contact our offices at (562) 634-1115 or another, qualified, family law attorney for advice specific to your case and circumstances.
