Child Support

While a parenting plan describes how a child will be cared for by two separated parents, it really is a limitation on how the parents may behave and what they may do. In addition to limits on when the parent may see his child, or when he must deliver the child to the other parent, there are also more general restrictions. Again, this all comes down to the best interests of the child (the standard we’ve seen again and again in the parenting context).

The following are sections from an actual parenting plan prepared by my office outlining some general responsibilities of each parent and discussing how communication between the parents will take place in the future. I will note that the communication section in this plan is fairly vague. I usually recommend that my clients flesh this out more thoroughly. In this case, my client decided to ignore my advice and I know it has been the cause of some problems between them.

PARENTAL RESPONSIBILITIES

1. Neither parent shall use illicit drugs or misuse prescription drugs while the child is in their care. Both parents shall refrain from the use of cigarettes or any tobacco products, or excessive alcohol during their time of residential care of the child and both parents shall do their best to prevent the child from being exposed to or around illicit drugs, cigarettes or any tobacco products, or excessive alcohol consumption, even if being used by other individuals.
2. Both parents shall do their best to prevent the child from being exposed to profanity or sexually explicit material. The parents shall screen television shows, music, movies and video games to ensure they are age-appropriate for the child.
3. Both parents shall provide their own supplies and necessities for the child when the child is in their home (i.e., clothes, food, et cetera).
4. Both parents shall use appropriate child safety restraints when transporting the child, and will make the appropriate child safety restraints available to any third party they ask to transport their child.
5. Both parents shall ensure the child always utilizes appropriate safety gear for any activity requiring such (e.g., bicycle helmet, life jacket).

COMMUNICATION BETWEEN PARENTS

1. Each parent shall promote a healthy, beneficial relationship between the child and the other parent, and will not demean or speak or act out negatively in any manner that would damage the natural flow of love and care between either parent and the child. The parents shall communicate to implement the Parenting Plan and shall communicate only in positive ways. The parents shall not make and shall not allow others to make derogatory remarks about the other parent in the child’s presence.
2. Each parent shall share important information with the other parent about the child’s physical and mental health, education, discipline and all aspects of the child’s upbringing.
3. At least 24 hours notice of a schedule change shall be given to the other parent. The parent requesting the change shall be responsible for any additional child care that results from the change.

Again, this is only one section of a parenting plan. Hopefully this gives you some idea of the considerations that go into drafting such an agreement, but every situation is unique and requires a lot of time and thought to make sure all the important topics are covered.

This is the first of a series of articles where I will show you parts of an actual parenting plan prepared by my office. I’ll also shed some light on the considerations that go into drafting each section to give you an idea of a few things that are important to keep in mind when approaching this topic. Because it is just not practical (or very beneficial) to do so, I will not be posting the entire parenting plan. Remember, these are just pieces of the picture and not a substitute for legal advice. If you are creating a parenting plan on your own, Montana Legal Services has created a series of forms to help. I recommend starting with the Questionnaire link at the top of the page.

The following is actual language (with the names changed) from a parenting plan my office created. These are some of the general provisions and are relatively common across all parenting plans. In fact, as we’ll discuss in a moment, this information is generally required in all plans.

GENERAL PROVISIONS

Identification of Child. The parties have one child, as identified below:

NAME                    BIRTHDATE
Only Child             See Confidential Disclosure Statement

Residency of Parents. The legal residences of the parties are:
Homer Simpson                                     Marge Simpson
P.O. Box 123                                           P.O. Box 999
Springfield, Montana 59911               Springfield, Montana 59911
406-555-1234                                         406-555-9876

Objectives of Parenting Plan. This plan is intended to:

1. Protect the child’s best interests;
2. Provide for the physical care of the child;
3. Maintain the child’s emotional stability and minimize the child’s exposure to parental conflict;
4. Provide for the child’s changing needs as the child grows and matures, in a way that minimizes the need for future amendment to this Parenting Plan;
5. Set forth the authority and responsibilities of each parent with respect to the child during the pendency of this action; and
6. Help the parties avoid expensive future court battles over the child.

Obviously, I have not represented the fictional Simpsons in a divorce. But, no matter who the client is, most of these provisions would be identical. Obviously, the identifying information changes from person to person. The name and made-up address for Homer and Marge would be changed to reflect that of yourself and your spouse. Also, notice that the name of the child is not mentioned, it says “only child.” This is because Montana law requires that we protect the identity of minor children involved in a divorce. Instead of identifying the child by name in this filing, which is public record, a separate document is filed which includes the child’s name and social security number, and other personal information. That document is sealed by the court protecting it from prying eyes and identity thieves.

The first item under Objectives of Parenting Plan should look familiar if you have been reading my past entries. The best interests of the child is paramount in all divorce proceedings involving children. So in a parenting plan, we put it front and center to make it clear that this plan attempts to provide for the child’s best interests, and not necessarily the parent’s. Items two and three share this same idea, and I don’t believe require any further explanation.

Items four, five, and six all share the common theme of demonstrating that the plan contemplates the future and not just the immediate needs of the child. The process of creating a Montana parenting plan between two divorcing spouses (or two spouses who were never married) is time consuming and expensive. Ideally, you should only have to do it once. These provisions indicate to the court that this plan is not a band-aid, but a (hopefully) permanent solution that will allow the parents to work together in raising their child. Obviously, these provisions do little or nothing on their own, but they do signify to the court what to look for in the rest of the plan.

As we examine other parts of this sample Montana parenting plan, you will see how these basic ideas are specifically addressed. As a divorce attorney practicing in Kalispell, Montana, I have a great deal of experience drafting parenting plans, and would be happy to share my expertise with you. Please call anytime to set up an appointment.