Divorce is always emotionally, legally, and financially taxing to some degree, but it can be all the more challenging when children are involved. It might be impossibly difficult to come to terms with the reality that your children will no longer be in your full-time care.
However, ensuring that you have a comprehensive parenting plan in place that protects your kids’ best interests can go a long way to easing the anxiety you’re likely feeling. In Utah, a well-structured parenting plan not only aids in establishing clear guidelines for custody and visitation but also ensures the well-being of the children during and after the transition of divorce.
In this blog, we will present a guide aimed at helping Utah parents understand the essential elements of a parenting plan, as well as offer insights and practical advice to create a fair and effective plan that serves the best interests of your family while fostering a cooperative coparenting relationship.
What Is A Parenting Plan?
A parenting plan is a document which outlines how divorced or separated parents will cooperate to raise their shared children. They include each parent’s coparenting responsibilities and decision-making roles. Its main goal is encouraging parents to think in advance about how they will make decisions and resolve disagreements pertaining to their children, in an effort to provide more stability – and less stress and anxiety – for the children.
Parenting plans are required in all shared parenting arrangements in Utah, as they help parents coordinate rules, schedules, schooling, and transitions between homes.
What Are The Key Components Of A Utah Parenting Plan?
The Utah family courts allow parents to customize their parenting plan to meet the unique needs of their family, but the following elements are required:
- The methods they will employ to reach a decision when disagreements arise, such as counseling, mediation or arbitration
- A residential schedule that shows where the child will sleep on certain days including holidays, birthdays, vacations and other special events
- A statement regarding whether one parent, the other, or both is responsible for making decisions about the kids’ education, healthcare and religious upbringing (though the law prohibits the parenting plan from changing two principles: (1) each parent will make day-to-day decisions while the child is living with that parent; and (2), either parent may make emergency decisions for the child’s health or safety
- A plan in case one parent wants to relocate (the plan must state the amount of notice that the relocating parent will give and the changes in parent-time, such as who will pay for the child’s travel and how the parent-time schedule might change)
In general, the more detailed a parenting plan is, the more effective it can be in establishing stability and predictability for the children. Other components that divorcing parents often choose to acknowledge in their parenting plan include:
- Communication guidelines, both between the parents and between the parents and children
- Financial responsibilities (child support)
- Transportation, exchanges, and travel considerations
- Guidelines for introducing new romantic partners
- After-school care and extracurriculars
- Health insurance and coverage
- Tax considerations for claiming the children as dependents
- College saving and expense responsibilities
- And more.
Creating A Parenting Plan In Utah
Creating a parenting plan will be one of the many issues you and your spouse must tackle in your divorce. Family courts in Utah strongly encourage mediation as a first step for resolving disputes. In mediation, you and your spouse work together to reach a mutually-beneficial agreement. This way, you can personalize your parenting plan to meet the unique needs of your family, while also saving time and money.
If you aren’t able to reach an agreement in mediation or if mediation isn’t a viable option, the court will have to intervene. In divorce litigation, each party presents their parenting plan, as well as their evidence and arguments for why it represents the best interests of the kids. Then, a judge will make the final decision.
The courts consider many factors when determining the “best interests” of the child, including:
- The nature of the relationship between the child and each parent
- Whether or not the parents are able to cooperate with each other and make joint decisions regarding the child’s upbringing
- The preference of the child (if age appropriate)
- History of the child’s care and whether both parents contributed equally or one parent acted as the primary caregiver
- The child’s developmental and emotional needs
- The quality and depth of the emotional bonds between the child and each parent
- The ability of the parents to work together to resolve issues that affect the child’s best interests
- And more.
It’s best to speak to an experienced Utah custody lawyer who can help you fully understand your options and determine the best path for moving forward, based on your circumstances.
Common Challenges In Creating A Parenting Plan
It can be difficult to think logically about your parenting plan in a time when you are experiencing so much emotional turmoil from your divorce. Divorcing parents often face a variety of challenges working together, so being able to anticipate where you may hit roadblocks could go a long way to helping you overcome them. Some examples might include:
- Differences in parenting style – You and your spouse may have differing views on things like discipline, education, and daily routines which makes creating a cohesive parenting plan that you both agree on challenging
- Long-distance parenting – If one of you decides to relocate following the divorce, it can be hard to coordinate visitation and communication schedules
- A non-cooperative coparent – Your spouse may be unwilling to negotiate or compromise, therefore creating tension and conflict that necessitates legal intervention
- Special considerations for children with special needs – If you have a child with special needs, you will need to include additional information regarding their unique medical, educational, and emotional condition in your parenting plan, to ensure that both parents can provide appropriate care and support
- And more.
We Know How Precious Your Relationship With Your Children Is. You Can Trust Green Legal Group To Give You Peace Of Mind For The Future!
We work with special families each and every day that each have their own unique dynamics and goals. We don’t take that responsibility lightly! Our dedicated legal professionals truly care about you and your kids, and want to make this transition as smooth as possible for all of you.
We take the time to explain your options, give you a clear idea of what to expect as you move forward, and guide you through the delicate process of creating an effective parenting plan that makes sense for your family. Call today to book your free consultation and learn more about how we can serve you!