Monday, October 3, 2011

Things to think about before meeting with your lawyer for a parenting plan

If you are meeting with a lawyer regarding a divorce with minor children, or meeting with a lawyer where you are not married, but need to have a parenting plan, there are some things to think about before meeting with them to save some time (and saving time is saving money).

Consider a visitation schedule.  What hours do each of you work?  Do you travel for work?  Do you live close to the children's school? Who do you want to be the primary parent?

Consider summer vacations.  If your children are in school, or if they aren't yet but obviously will be before long, you should consider how you want to handle their summer vacations from school.  Summer vacations can be a great opportunity for the child to spend a lot of quality time with each parent once they are in school.

Consider holidays.  Courts generally try to alternate holidays by year to make it equal to each parent.  You should consider what years you want.  You should also consider specific holidays, such as, who wants Christmas Eve and who wants Christmas day? Do you want to alternate these?  Do you each specifically celebrate on one of the specific days? These will help you advise your lawyer what to write in your proposed parenting plan.
Consider frequent contact.  Montana courts presume that "frequent and continuing" contact with both parents is in the best interests of the child.  This does not mean that time spent with each parent has to be equal.  It does mean that when a child resides with one parent the majority of the time, the other parent will be expected to be allowed reasonable contact with the child.

Consider decision making.  Who is going to make decisions on behalf of your children?  There will be decisions about school, religion, and medical care.  Generally, both parents will be able to make emergency decisions and day-to-day decisions when a child is in that parent's care.

Consider conflict.  I prefer parenting plans to be a specific as possible to minimize conflict.  Ideally, the parents will work together on co-parenting and decisions arranging times and places to meet for exchanging children. Unfortunately, this is not always the case.  I recommend specific information on how the children will be exchanged for visits.

Any questions about these topics, as well as any other questions, should be directed at your family law attorney.  They can help you with this entire process.

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