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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25386
Experience:  Practicing family law attorney
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Wife and I are resolving a divorce my mediation. Her attorney

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Wife and I are resolving a divorce my mediation. Her attorney has drafted a Shared Parenting Plan. The SPP document contains everything we agreed to including a equal parenting time schedule. However the draft refers to the "Local Parenting Time Schedule" several times. This concerns me because that Time Schedule gives only scraps of time and less rghts to the non-resident parent (father):

"In all cases the parties agree that the rights and responsibiliites of the parents as set forth in th Lucas County Local Parenting Time Schedule shall be adopted unless otherwise set forth in the is plan." Our SPP sets forth everything we can think of. But can we default to some other standard?

"Clarification of Definitions: For purposes of clarification only when referring to the Court's Local Parenting Time Schedule, the term "residential parent" shall mean the Mother, and the term, "non-residentinal parent" shall mean "Father". However, at no time shall thse terms alter hte status o fhte SPP and the rights of each party being deemed the residential parent whne Minor Children are in his or her possession." Notice the Mother is identified as residential parent if the Local Parenting Time Schedule is invoked for some reason.

What advantage does this language give mother? Remember the the SPP is thorough and addresses everything. But I am concerned about how reference to the Local Parenting Time Schedule (and naming her as "residental parent" in it) could hurt me. Wha is an example scenario that is risky? Thanks!!!
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.

This appears to be fairly standard terminology and is typical of a court order or a marital settlement agreement. The parenting plan governs unless it is silent on an issue and in that case the local court's standard plan is the default. If you have covered everything in the plan then I don't see a problem. The court's standard refers to the parties as residential and non-residential so that has to be clarified as to which is which if you have to default to the court standard.

The only thing that I could think of is to add that if there is a disagreement, that the parties agree to binding mediation rather than having the time and cost of going back to court for a clarification.
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