Custody and Parenting Plans

As a divorced or separated parent, time with your child is vitally important; and that not only means the quantity of time, but the quality of time as well. You want to maximize the opportunities to parent while still meeting your obligations for work and other parts of your life.

Chances are that if your parenting plan is created by a judge, the details of your schedule are not going to get serious consideration. Judges are overworked and don’t have time to go beyond the big picture when it comes to deciding what is best for your child. To get the right parenting arrangements for your family, you need someone with the experience and focus to help both parents develop a plan that works for everyone.  

The mediators and collaborative law attorneys at Vacca Family Law Group work with parents to develop solutions that meet their needs. With our guidance, parents can resolve parenting issues outside of court with minimal conflict, emerging with a plan that is durable and flexible enough to change as children grow and life changes occur.

Developing a Parenting Plan Outside of Court

Whether or not you were married to your child’s other parent, you need a written and legally enforceable parenting plan that defines each parent’s rights and responsibilities. Your plan should cover issues related to legal and physical custody and it should consider questions such as:

  • Is it better for the child to live with each parent for an equal amount of time or is it best for the child to reside primarily with one parent?
  • How will you make decisions about health care, education, and religion?
  • What if one parent wants to move farther away?
  • Do you want to alternate holidays each year or choose certain holidays your child will always spend with you?
  • How will your schedule look during the school year and vacations?
  • Will you communicate by phone? Text? Email?
  • How will changes in your schedule be handled?
  • What will you do if you need to make changes in the future?

Your attorney or mediator can help you develop your answers into a plan that serves the child’s best interests as well as those of both parents. The process of creating the plan builds a foundation for healthy co-parenting that will make it easier for everyone to work together in the future.

How a Mediator or Collaborative Attorney Guides You Through the Process of Creating a Parenting Plan

Both mediation and collaborative law involve using cooperative methods to find solutions with mutual benefits, unlike litigation which pits each parent against the other in a contest where no one really wins. In mediation, parents work with a neutral mediator trained to help them find common ground. The mediator might advise the parents about legal requirements, but the mediator does not side with either parent. While parents often retain their own attorneys to give them advice, those attorneys would not generally participate in mediation sessions.

When parents work with collaborative lawyers to develop a parenting plan, they each retain their own separate attorney who represents their interests. But instead of fighting for supremacy in a costly battle of legal prowess, the collaborative attorneys work together to negotiate mutually beneficial solutions to parenting issues. 

When Custody and Visitation are Determined by the Judge

If parents are unable to resolve parenting issues outside of court, a judge will make the decisions for them. Parenting decisions made by a court are unlikely to please either parent. New York judges are not required to give each parent equal time with the child but will make determinations based on what the judge finds to be in the child’s best interests. Factors the judge will consider usually include:

  • Stability for the child
  • Childcare arrangements
  • Each parent’s involvement in caretaking
  • Physical and mental health of each parent
  • Home environments
  • Locations of other family and friends

Find Out How Vacca Family Law Group Can Help You Create the Right Parenting Plan Out of Court

While parenting from separate households may not be ideal, you have the power to build a stable and healthy future for your child regardless of your situation. It all starts with the right parenting plan.

At Vacca Family Law Group, we are committed to helping families find peaceful solutions that allow them to resolve differences and move forward without remorse. To learn more about how we could assist you with a parenting plan or other issues related to your child, contact us now to arrange a confidential consultation.