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Legal Questions about Parenting Plans

What is a parenting plan?

A parenting plan is discussed between two parents that share custody. Parenting schedules are decided on any and all circumstances that affect the child, and the court usually makes decisions based on what is in the best interest of the child. Often, when an agreement cannot be reached, the court will appoint a Guardian Ad Litem or custody evaluator to look into the parenting plan. They will meet with both parents and make suggestions with regard to custody and parenting schedules.

A parenting plan can be agreed upon during a divorce or separation between parents. If an agreement cannot be agreed upon, the court usually draws up a parenting plan agreement that both parents have to abide by. Read below where Family Lawyers on JustAnswer have answered legal questions on parenting plans.

In Florida is mediation required for a parenting plan or is it court ordered?

The Florida courts now mandatorily order mediation sessions before any case goes to trial for parties trying to resolve issues without the court being involved. If parents go to mediation and agree on a parenting plan, then the parents would not have to go to court. If they disagree with what was mediated then they would have to go before the court for a trial and abide by the parenting plan drawn up by the court.

To file for a parenting plan do they need a lawyer? Is it illegal to take a child out of state?

To make a parenting plan one does not need a lawyer. The parenting plan can be agreed upon between the two parents, and they don’t even need to go to court if they can reach an agreement. As for taking the child out of state, that would normally be stated in the parenting plan. If it is just for a trip and not a permanent relocation, most likely they will be allowed to do so, but they would need to inform the other parent, and possibly get consent. Before taking a child permanently out of state, it is important to review the parenting plan. It is very unlikely that a parent would be allowed to take the child out of state permanently without following due legal procedures.

Can a 15 year old choose how much time they want to spend with a parent?

The child will not be able to decide whether the parents should follow the parenting schedule. Each parent should support the existing parenting schedule that is ordered by the court. Any modification to the current schedule needs to be preceded by filing a motion for change in the parenting plan. The parenting schedules may be modified as needed. The changes to the current parenting plan must usually be deemed to be in the best interest of the child for the court to grant the changes. The court will consider the desire of the child, and the child’s age would determine what weight the court gives to the child’s desires. A 15 year old child would normally be considered old enough to express their desires and interests.

In Ohio after a divorce can the father receive joint custody so that he can be in the child’s life?

Ohio does not use the term “custody”, instead Ohio courts “allocate the parental rights and responsibilities for the care of the minor children of the marriage.” When making the decisions of the parent’s rights and responsibilities for the children, the court usually takes into consideration the best interest of the children.

In allowing parental rights and responsibilities for care of the child the court will look at either of these:
• The parental rights and responsibilities for the care of the children primarily to one of the parents, allowing that parents as the “residential parent” and the legal custodian of the child.
Shared Parenting, requiring parents to share all or some of the physical and legal care of the children

Shared parenting is a term in Ohio that is also used for “joint custody.” The court may allow the parental rights and responsibilities for the care of the children to both parents.

The court will also look at what is in the best interest of the children including, but not limited to:
• The wishes of the child’s parents regarding their care
• Court’s interview of the child
• The child’s interaction with the parents, siblings and other people involved in the child’s life
• The adjustment to their home, school, and community
• The mental and physical health of all the people involved
• The parent more likely to honor visitation approved by the court
• Whether either parent has failed to make child support payments
• If either parent has been convicted or pleaded guilty to a criminal offense related to child abuse, or child neglect.
• If either parent has a home, or if they are planning to move out of state.

After a divorce it can be hard to understand what is best for the child. Separating parents may not be able to agree upon a parenting plan. In many cases the parents are able to come up with an agreement, other times the court will have to step in to help. If you have questions about your rights and legalities of a parenting plan, you can ask a Family Lawyer on JustAnswer for quick and affordable answers.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9402
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
Family Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Parenting Plan Questions

  • Hi I am in litigation in fl currently with my wife. We are

    Hi I am in litigation in fl currently with my wife. We are going through a divorce with a custody concern. She is an alcoholic and very unstable (all which I have very strong proof of with text pictures family witnesses and drunk voicemails) she has moved several times and now completely moved out of state and says she does not plan to attend our final hearing a week from now. My questions are these:
    1) what form do I use or proper procedure do I follow to submit texts or pictures etc as evidence?
    2) what will happen when she doesn't show up? This has already gone on over a year and she had no lawyer....can they rule without her present and without her living in the sane state anymore?
  • If two people entered a common law marriage in Minnesota in

    If two people entered a common law marriage in Minnesota in 1936 and responded to the U.S. census in 1940 and the mother of the children was listed as 'wife', does this constitute a valid 'certificate' of marriage? I am not going to cite you as my lawyer, but the family seems to be in the middle of a word battle as to whether the children were of legitimate birth.
  • My girlfriend is the custodial parent of her 6 year old son.

    My girlfriend is the custodial parent of her 6 year old son. The non-custodial father provides her with a paltry $400/month and says he only makes 20K a year, but however we believe he makes well over $100K per year based on what he does and our basic research online that publishes his personal information including income. While this information is not substantiated we believe he is not at all being forthcoming on his personal earnings to evade paying child support. What is the best approach to get this information and get the state of Texas to enforce a true payment for support. Will obtaining a lawyer help facilitate this process?
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