Parenting Plan

What does a Parenting Plan cover?

A Parenting Plan provides a detailed framework for how parents will share responsibilities and time with their children. It can address any aspect of raising your minor children and include anything the court approves.

The most common points are primary residence, parental authority, visitation schedules, special needs, and cultural needs (religion, holidays, etc.). Click this link to see an example of a parenting plan for Cherokee County,Georgia.

Can I get a divorce without a Parenting Plan?

No. In Georgia, state law requires a formal Parenting Plan approved by the court. The divorce lawyers will work together to create the Plan. Per Georgia law, "Except when a parent seeks emergency relief for family violence pursuant to Code Section 19-13-3 or 19-13-4, in all cases in which the custody of any child is at issue between the parents, each parent shall prepare a Parenting Plan or the parties may jointly submit a parenting plan."

What happens after a Parenting Plan goes into effect?

The Parenting Plan, being part of the terms of divorce, go into effect immediately when your divorce decree is made final. At that point, all parental rights, authority, and actions must comply with the stated terms. Willful disregard of the terms can be grounds to be charged with contempt, potentially resulting in fines and jail time.

Can a Parenting Plan be changed?

Yes. A Parenting Plan can be changed. Unlike a decree modification, you do not have to wait two years to attempt modification of a custody or visitation order. However, you are required to wait at least two years to attempt to modify visitation time or visitation. In both instances, you must prove a substantial change of circumstances making the modification beneficial for the child.

Key Elements of a Parenting Plan

• Physical Custody: Physical custody refers to where a child lives and how their time is divided between the parents after legal separation, contested divorce, or uncontested divorce. It determines which parent the child will reside with on a day-to-day basis and how much time each parent spends with the child. Physical custody can be Joint or Sole.
• Legal Custody: Legal custody refers to which parent has the legal rights to make key decisions about a child’s upbringing. This includes decisions on religion, school district, education, healthcare, extracurricular activities, etc. Legal custody can be Joint or Sole.
• Sole Custody: Sole Custody in Georgia empowers one parent with exclusive rights over either or both aspects of custody: legal custody and physical custody. With sole custody, the custodial parent retains full custodial rights. The non-custodial parent has only visitation rights without decision-making authority.
• Joint Custody: Joint custody refers both parents sharing responsibilities for their minor child(ren). Joint Legal Custody means both parents share the authority to make major decisions about the child’s upbringing. Joint Physical Custody means the minor child(ren) spends roughly equal time living with each parent.

Special Parenting Plan Provisions

In some divorces there may be circumstances that need to be addressed with clearly stated provisions. Even if you do not think these things are relevant to your situation, it is a good idea to include them. Including special provisions can save you from future frustration, trouble, and legal costs to revisit your Parenting Plan.

• Supervised Visitation: Supervises visitation may become a requirement when the non-custodial parent has a history of violence, substance abuse, or has an unsavory home environment. The purpose of supervised visitation is to protect the child from risks and dangers.
• International Travel: Typically, a parent may take a child out of the USA without agreement from the non-custodial parent. It is a good idea to address this in the Parenting Plan if the custodial parent was born in a foreign country.
• Parental Behaviors: This provision typically has moral and ethical aspects. It may forbid the parent having (active custody) from having opposite-sex overnight visitors, consuming alcohol, marijuana, and illegal drugs.