Physical Custody

As part of your divorce or custody plan, we will need to develop what's called a parenting plan. A parenting plan is a formal document that is incorporated into your court judgment, whether it's a custody and support judgment or a divorce decree, and that is going to be a court order. The court is going to order all aspects of that parenting plan, and that will be the standard by which you are expected to comply if you don't agree otherwise. Uh, so one of the most important aspects of that parenting plan is going to be a physical custody schedule. And that is just simply on a day-to-day basis where your child is. 

So we have custody plans that can be 50/50, can be less than 50/50, can be supervised custody, can be sole custody, can be joint custody. But if you're thinking about it in terms of what's important to you, It is the schedule. The court-ordered schedule is what you are going to follow if there is not an agreement otherwise. So you and your co-parent, it doesn't matter what the court order says, if you guys agree to do something different, and this happens all the time, people enter into a parenting plan, they never follow the parenting plan, they always do something else, that is up to the two parents. There doesn't need to be any change in the court document, you can do that.

But the custody schedule is important because if you don't agree at any given time, that is a document you're going to fall back on and rely on. So we want to make sure that you're picking a schedule that is going to work for you, that is going to be logical, that's going to accommodate your child's needs, and think carefully about if we don't agree, am I going to be able to follow this schedule?

So we're going to have a schedule related to school time custody. So that's gonna be where your child is on weekdays, where your child is on weekends. We're going to have possibly a different schedule in the summer that can accommodate vacations. Sometimes parents have a completely different schedule in the summer. We're gonna have holiday schedule. Think about holidays because a lot of times people come to me and they say, "Oh, we're just gonna agree." And then Thanksgiving comes around and they don't agree and they look at the parenting plan and they hate it.

So it is important to kind of think about what is going to work for you for holidays. So those are the 3 things that we're gonna look at are holidays, summertime, and weekday-weekend. If you are in a high-conflict case and you and your co-parent have a lot of conflict and don't get along and don't agree on things, Include important things to you in your parenting plan, 'cause inevitably you won't, and you're not gonna agree. So anticipate that based on the current situation and make a parenting plan that is going to work even if you do not agree and even if you're high conflict. Thank you.

Want to learn more?

Check out these articles below

>