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Comprehensive Guide to Parenting Plans: Protecting Your Children During Divorce

Learn how to create an effective parenting plan that prioritizes your children's well-being while addressing custody, visitation, decision-making, and financial responsibilities during divorce.

Introduction

A Parenting Plan is a legally binding document that outlines how parents will raise their children after separation or divorce. It serves as a roadmap for co-parenting, detailing custody arrangements, visitation schedules, decision-making responsibilities, and financial obligations. For parents with minor children going through divorce—especially those with significant assets or business interests—a well-crafted parenting plan is essential to minimize conflict, provide stability for your children, and protect your parental rights. This document helps establish clear expectations and boundaries, allowing both parents to remain actively involved in their children's lives while reducing the potential for future disputes.

Key Things to Know

  1. 1

    A parenting plan is legally binding once approved by the court and violations can result in legal consequences, including potential modifications to custody arrangements.

  2. 2

    While templates are available, parenting plans should be customized to your family's unique circumstances, especially when significant assets or business interests are involved.

  3. 3

    Consider including provisions for how major expenses beyond basic child support will be handled, such as private school tuition, college costs, extracurricular activities, and medical expenses not covered by insurance.

  4. 4

    The parenting plan should include clear provisions for conflict resolution, such as requiring mediation before returning to court, to avoid costly and emotionally draining litigation.

  5. 5

    Children's needs change as they grow, so build flexibility into your plan while maintaining structure and predictability in their routines.

  6. 6

    For business owners, include provisions addressing how business valuation, income fluctuations, and liquidity issues will impact financial support obligations.

  7. 7

    Consider the tax implications of your custody arrangement, including who claims dependency exemptions and child tax credits, especially important for high-income families.

  8. 8

    Document how property specifically designated for your children (college funds, trusts, inheritances) will be managed and protected regardless of the custody arrangement.

Key Decisions

Parents with Minor Children

Long-Term Marriage Partners with Significant Assets

Business Owners

Long-term Married Couples with Significant Assets

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PARENTING PLAN

CASE INFORMATION

Case Number: [CASE NUMBER]
County: [COUNTY]
State: [STATE]

I. PARTIES TO THIS PARENTING PLAN

A. Parent A Information

Name: [PARENT A FULL LEGAL NAME]
Address: [PARENT A ADDRESS]
Phone: [PARENT A PHONE NUMBER]
Email: [PARENT A EMAIL ADDRESS]

B. Parent B Information

Name: [PARENT B FULL LEGAL NAME]
Address: [PARENT B ADDRESS]
Phone: [PARENT B PHONE NUMBER]
Email: [PARENT B EMAIL ADDRESS]

C. Children Subject to This Plan

This Parenting Plan applies to the following minor children:

  1. Full Legal Name: [CHILD 1 FULL LEGAL NAME]
    Date of Birth: [CHILD 1 DOB]
    Current Address: [CHILD 1 CURRENT ADDRESS]

  2. Full Legal Name: [CHILD 2 FULL LEGAL NAME]
    Date of Birth: [CHILD 2 DOB]
    Current Address: [CHILD 2 CURRENT ADDRESS]

  3. Full Legal Name: [CHILD 3 FULL LEGAL NAME]
    Date of Birth: [CHILD 3 DOB]
    Current Address: [CHILD 3 CURRENT ADDRESS]

II. LEGAL CUSTODY

A. Legal Custody Designation

☐ Joint Legal Custody: Both parents shall share the right and responsibility to make major decisions concerning the children's health, education, religious upbringing, and general welfare. Neither parent's rights are superior to the other parent's rights, and both parents must act in the best interests of the children at all times.

☐ Sole Legal Custody to Parent A: Parent A shall have the sole right and responsibility to make major decisions concerning the children's health, education, religious upbringing, and general welfare. Parent A shall consult with Parent B when practicable, but Parent A shall have final decision-making authority.

☐ Sole Legal Custody to Parent B: Parent B shall have the sole right and responsibility to make major decisions concerning the children's health, education, religious upbringing, and general welfare. Parent B shall consult with Parent A when practicable, but Parent B shall have final decision-making authority.

☐ Divided Legal Custody: Decision-making authority shall be divided between the parents as follows:

  • Education decisions: [PARENT A/PARENT B/JOINT]
  • Non-emergency healthcare decisions: [PARENT A/PARENT B/JOINT]
  • Religious upbringing: [PARENT A/PARENT B/JOINT]
  • Extracurricular activities: [PARENT A/PARENT B/JOINT]
  • Other: [SPECIFY]

B. Major Decision-Making Authority

1. Education Decisions

Both parents shall have access to all educational records and information regarding the children. Both parents may attend school conferences, events, and activities. The parents shall consult with each other regarding the following educational decisions:

a. School enrollment, including public, private, or homeschooling b. Special education evaluations and services c. Tutoring and academic support services d. School transfers e. College preparation and applications

The parents shall make reasonable efforts to attend parent-teacher conferences together. If joint attendance is not possible, the parents shall share information from these conferences with each other within 48 hours.

2. Healthcare Decisions

Both parents shall have access to all medical, dental, and mental health records and information regarding the children. Both parents may attend medical appointments. The parents shall consult with each other regarding the following healthcare decisions:

a. Selection of primary care physicians, dentists, orthodontists, and other healthcare providers b. Non-emergency medical, dental, and mental health treatment c. Elective medical procedures d. Prescription medications and treatment plans e. Mental health counseling and therapy

Each parent shall inform the other parent of all medical appointments scheduled during their parenting time at least 72 hours in advance, except in emergency situations. Following any medical appointment or treatment, the attending parent shall inform the other parent of any diagnosis, treatment recommendations, or follow-up care within 24 hours.

3. Religious Upbringing

The parents shall consult with each other regarding the children's religious education and participation in religious activities. The children shall be raised in the [RELIGION] faith, or the parents agree that each parent may expose the children to their own religious practices during their respective parenting time, provided that neither parent shall disparage the other parent's religious beliefs to the children.

4. Extracurricular Activities

The parents shall consult with each other before enrolling the children in extracurricular activities that will occur during both parents' parenting time. Neither parent shall schedule activities during the other parent's parenting time without prior written consent. Both parents shall have the right to attend all extracurricular activities regardless of which parent has parenting time.

The parents shall share the costs of agreed-upon extracurricular activities as follows: Parent A shall pay [PERCENTAGE]% and Parent B shall pay [PERCENTAGE]%. Each parent is responsible for transporting the children to activities that occur during their parenting time.

C. Dispute Resolution Process

1. Good Faith Discussion

If the parents cannot agree on a major decision regarding the children, they shall first attempt to resolve the disagreement through good faith discussion. The parent seeking to make a change or decision shall notify the other parent in writing (email is acceptable) of the proposed decision and the reasons for it. The other parent shall respond in writing within seven (7) days.

2. Mediation

If the parents cannot resolve their disagreement through good faith discussion, they shall participate in mediation with a mutually agreed-upon mediator before filing any court action, except in emergency situations where immediate court intervention is necessary to protect the children's health, safety, or welfare. The parents shall share the cost of mediation equally unless otherwise agreed or ordered by the court.

3. Court Intervention

If mediation is unsuccessful, either parent may petition the court for resolution of the disputed issue. Until the court resolves the dispute, the status quo shall be maintained unless both parents agree otherwise in writing or there is an emergency situation requiring immediate action to protect the children's health, safety, or welfare.

III. PHYSICAL CUSTODY

A. Physical Custody Designation

☐ Joint Physical Custody: The children shall reside with each parent for periods of time that are intended to assure the children of frequent and continuing contact with both parents.

☐ Primary Physical Custody to Parent A: The children shall primarily reside with Parent A, and Parent B shall have parenting time as specified in this plan.

☐ Primary Physical Custody to Parent B: The children shall primarily reside with Parent B, and Parent A shall have parenting time as specified in this plan.

☐ Split Physical Custody: [CHILD(REN) NAME(S)] shall primarily reside with Parent A, and [CHILD(REN) NAME(S)] shall primarily reside with Parent B, with parenting time for the non-residential parent as specified in this plan.

B. Primary Residence

For purposes of school enrollment, government benefits, and other official matters requiring a primary address, the children's primary residence shall be:

☐ Parent A's residence ☐ Parent B's residence

This designation of primary residence does not affect the parents' rights and responsibilities as outlined in this Parenting Plan.

IV. PARENTING TIME SCHEDULE

A. Regular Parenting Time Schedule

Option 1: Week-to-Week (50/50) Schedule

The children shall alternate weeks between the parents' homes. Exchanges shall occur on [DAY OF WEEK] at [TIME]. The parent receiving the children shall pick them up from the other parent's residence or from school/daycare if the exchange occurs on a school day.

Option 2: 2-2-3 Schedule (50/50)

The children shall spend time with each parent according to the following schedule:

  • Parent A: Monday and Tuesday
  • Parent B: Wednesday and Thursday
  • Parents alternate weekends (Friday, Saturday, and Sunday)

Exchanges shall occur at [TIME]. The parent receiving the children shall pick them up from the other parent's residence or from school/daycare if the exchange occurs on a school day.

Option 3: 2-2-5-5 Schedule (50/50)

The children shall spend time with each parent according to the following schedule:

  • Parent A: Monday and Tuesday every week
  • Parent B: Wednesday and Thursday every week
  • Parents alternate having the children Friday through Sunday

Exchanges shall occur at [TIME]. The parent receiving the children shall pick them up from the other parent's residence or from school/daycare if the exchange occurs on a school day.

Option 4: Every Weekend Schedule

The children shall reside with Parent A during the week and with Parent B on weekends. Weekend parenting time shall begin on Friday at [TIME] and end on Sunday at [TIME]. The parent receiving the children shall pick them up from the other parent's residence or from school/daycare if the exchange occurs on a school day.

Option 5: Every Other Weekend Schedule

The children shall reside primarily with Parent A. Parent B shall have parenting time every other weekend from Friday at [TIME] until Sunday at [TIME]. The parent receiving the children shall pick them up from the other parent's residence or from school/daycare if the exchange occurs on a school day.

Option 6: Custom Schedule

[DESCRIBE CUSTOM SCHEDULE]

B. Holiday Schedule

The holiday schedule shall take precedence over the regular parenting time schedule. Unless otherwise specified, holiday parenting time shall begin and end at the times listed below. If a holiday is not specified in this plan, the regular parenting time schedule shall apply.

1. Annual Holiday Schedule

HolidayEven YearsOdd YearsTimes
New Year's Eve/DayParent [A/B]Parent [B/A]Dec 31 at 12:00 PM to Jan 1 at 7:00 PM
Martin Luther King Jr. DayParent [A/B]Parent [B/A]School dismissal to return to school
Presidents' DayParent [A/B]Parent [B/A]School dismissal to return to school
Spring BreakParent [A/B]Parent [B/A]School dismissal to return to school
Easter/PassoverParent [A/B]Parent [B/A][SPECIFY TIMES]
Memorial DayParent [A/B]Parent [B/A]School dismissal to return to school
Independence DayParent [A/B]Parent [B/A]July 4 at 9:00 AM to July 5 at 9:00 AM
Labor DayParent [A/B]Parent [B/A]School dismissal to return to school
HalloweenParent [A/B]Parent [B/A]After school until 8:30 PM
ThanksgivingParent [A/B]Parent [B/A]Wed after school until Sun at 7:00 PM
Winter Break (First Half)Parent [A/B]Parent [B/A]School dismissal to Dec 26 at 12:00 PM
Winter Break (Second Half)Parent [B/A]Parent [A/B]Dec 26 at 12:00 PM to return to school

2. Religious Holidays

[LIST ANY ADDITIONAL RELIGIOUS HOLIDAYS AND SPECIFY SCHEDULE]

C. School Breaks Schedule

1. Winter Break

Winter Break shall be divided into two equal parts as specified in the Holiday Schedule above.

2. Spring Break

Spring Break shall be allocated as specified in the Holiday Schedule above.

3. Summer Break

Summer Break shall be defined as beginning the day after the last day of school and ending the day before school resumes.

During Summer Break, the regular parenting time schedule shall continue with the following modifications:

a. Each parent shall be entitled to [NUMBER] consecutive weeks of uninterrupted parenting time with the children during Summer Break. These weeks may be taken consecutively or separately.

b. By April 1 of each year, each parent shall notify the other parent in writing of their preferred weeks for uninterrupted summer parenting time. Parent A shall have first choice in even-numbered years, and Parent B shall have first choice in odd-numbered years.

c. During each parent's uninterrupted summer parenting time, the other parent shall be entitled to [FREQUENCY] telephone or video calls with the children at mutually agreed-upon times.

D. Special Occasions

1. Children's Birthdays

The children shall spend their birthdays according to the regular parenting time schedule. However, if a child's birthday falls on a school day, the parent who does not have scheduled parenting time shall be entitled to take the child to dinner from after school or 5:00 PM (whichever is later) until 8:00 PM.

If a child's birthday falls on a non-school day, the parent who does not have scheduled parenting time shall be entitled to spend time with the child from 10:00 AM until 2:00 PM.

Both parents may attend any planned birthday parties regardless of whose parenting time it is, unless attendance by both parents would create conflict or distress for the children.

2. Parents' Birthdays

Each parent shall have the children on that parent's birthday from after school or 9:00 AM (if not a school day) until 8:00 PM (or overnight if it falls during that parent's regular parenting time).

3. Mother's Day/Father's Day

Regardless of the regular schedule, the children shall spend Mother's Day with their mother and Father's Day with their father from 9:00 AM until 7:00 PM. These special days take precedence over other weekend or holiday parenting time.

E. Schedule Modifications

1. Temporary Changes

Either parent may request a temporary change to the parenting time schedule. All requests and responses shall be made in writing (email or text message is acceptable) and with as much advance notice as possible, but no less than 72 hours except in emergencies.

The parent receiving the request shall respond within 24 hours. Neither parent shall unreasonably withhold consent to a temporary change requested for a special occasion or legitimate need.

2. Documentation of Agreements

All agreed-upon temporary changes to the parenting time schedule shall be confirmed in writing (email or text message is acceptable) to avoid misunderstandings.

3. Make-Up Parenting Time

If a parent misses scheduled parenting time due to an emergency, illness, or other unavoidable circumstance, that parent shall be entitled to reasonable make-up parenting time. The parents shall work together to schedule make-up time that minimizes disruption to the children's routine and that occurs within 30 days of the missed parenting time.

F. Right of First Refusal

If either parent needs childcare for a period exceeding [NUMBER] hours during their scheduled parenting time, that parent shall first offer the other parent the opportunity to care for the children before arranging for alternative childcare. This provision does not apply to regular work-related childcare, school, or regularly scheduled activities.

The parent needing childcare shall notify the other parent as soon as the need for childcare is known. The other parent shall respond within [NUMBER] hours. If the other parent is unable or unwilling to provide childcare, the parent needing childcare may make alternative arrangements.

V. COMMUNICATION

A. Parent-to-Parent Communication

1. Methods of Communication

The parents shall communicate with each other regarding the children via:

  • Email for non-urgent matters requiring documentation
  • Text messaging for routine matters and time-sensitive issues
  • Phone calls for emergencies or matters requiring immediate attention
  • Co-parenting app: [APP NAME] (if applicable)

2. Response Timeframes

Each parent shall respond to communications from the other parent according to the following timeframes:

  • Emergency communications: Immediate response
  • Time-sensitive matters: Within 4 hours
  • Routine matters: Within 24 hours
  • Non-urgent matters: Within 48 hours

3. Tone and Content

All communications between the parents shall be respectful, child-focused, and limited to matters concerning the children. Neither parent shall use the children as messengers to communicate with the other parent.

4. Co-Parenting Meetings

The parents shall schedule a co-parenting meeting (in person, by phone, or by video conference) at least once every [TIMEFRAME] to discuss the children's needs, upcoming events, and any necessary adjustments to the parenting plan. These meetings shall occur without the children present.

B. Parent-Child Communication

1. Regular Communication

Each parent shall provide reasonable telephone and/or video call access between the children and the other parent during their parenting time. Unless otherwise agreed, each parent shall be entitled to communicate with the children via telephone or video call at least once per day when the children are with the other parent.

2. Scheduled Communication Times

Unless otherwise agreed, telephone or video calls between the children and the non-custodial parent shall occur between [TIME] and [TIME]. The duration of calls shall be reasonable and age-appropriate.

3. Privacy

Each parent shall provide privacy for the children during their communications with the other parent and shall not monitor, record, or interfere with these communications unless necessary for younger children who need assistance.

4. Electronic Devices

Neither parent shall restrict the children's ability to communicate with the other parent via cell phone, email, or other electronic means, provided that such communication does not interfere with sleep, school, or other important activities.

C. Emergency Notification

1. Definition of Emergency

For purposes of this plan, "emergency" includes but is not limited to:

  • Medical emergencies requiring urgent care or hospitalization
  • Accidents resulting in injury
  • Natural disasters affecting the children
  • Law enforcement involvement
  • Unexpected school closures
  • Any situation that poses a risk to the children's health, safety, or welfare

2. Notification Protocol

In the event of an emergency involving the children, the parent with the children at the time of the emergency shall:

a. Address the children's immediate needs first b. Notify the other parent as soon as reasonably possible, but no later than one (1) hour after the emergency occurs c. Provide the other parent with complete information about the emergency, including:

  • Nature of the emergency
  • Location of the children
  • Any medical treatment provided or needed
  • Contact information for healthcare providers, law enforcement, or other relevant parties
  • Expected duration of the emergency situation

3. Hospital or Emergency Room Visits

If a child requires emergency medical treatment resulting in a hospital or emergency room visit, the parent with the child shall immediately notify the other parent, who shall have the right to join the child at the medical facility regardless of the regular parenting time schedule.

VI. INFORMATION SHARING

A. Access to Records

1. Equal Access

Both parents shall have equal rights to access and obtain all educational, medical, dental, psychological, and other records and information regarding the children. Each parent is authorized to communicate directly with any medical, dental, or educational provider for the children.

2. Online Portals and Information Systems

Both parents shall be listed as contacts and authorized users on all online portals, information systems, and emergency contact lists for the children's schools, healthcare providers, and extracurricular activities. Each parent shall provide the other parent with login information for any online portals or information systems related to the children.

3. Duty to Share Information

If either parent receives important information about the children that is not readily accessible to the other parent, that parent shall promptly share such information with the other parent.

4. Release of Information

Each parent shall execute any necessary authorizations or releases to ensure that the other parent has access to all records and information regarding the children.

B. Notification of Events

1. School Events

Each parent shall notify the other parent of all school events, including but not limited to:

  • Parent-teacher conferences
  • School performances and ceremonies
  • Sports events and competitions
  • Award ceremonies
  • Field trips
  • School pictures
  • Special projects and presentations

Notification shall be provided as soon as the parent becomes aware of the event, but no less than 72 hours in advance when possible.

2. Extracurricular Activities

Each parent shall notify the other parent of all extracurricular activities, including but not limited to:

  • Sports practices and games
  • Recitals and performances
  • Club meetings and events
  • Lessons and classes
  • Competitions and tournaments

Notification shall include the date, time, location, and any special requirements (e.g., specific clothing, equipment, or fees).

3. Medical Appointments

Each parent shall notify the other parent of all medical, dental, and mental health appointments scheduled during their parenting time. Notification shall include:

  • Date, time, and location of the appointment
  • Name of the provider
  • Purpose of the appointment
  • Whether the appointment is routine or for a specific concern

Notification shall be provided at least 72 hours in advance for non-emergency appointments.

4. Significant Events

Each parent shall notify the other parent of any significant events in the children's lives, including but not limited to:

  • Academic achievements or concerns
  • Behavioral issues at school or elsewhere
  • Social or emotional challenges
  • New friendships or relationships
  • Religious milestones
  • Developmental milestones

C. Relocation Provisions

1. Notice Requirement

Neither parent shall relocate with the children to a residence more than [NUMBER] miles from their current residence or to another state without providing written notice to the other parent at least [NUMBER] days in advance of the intended move.

2. Content of Notice

The written notice of intent to relocate shall include:

  • The intended new address
  • The intended date of relocation
  • The reason for relocation
  • A proposed revised parenting plan that takes into account the relocation
  • Any other relevant information regarding the impact of the relocation on the current parenting arrangement

3. Objection to Relocation

If the non-relocating parent objects to the proposed relocation, that parent shall file an objection with the court within [NUMBER] days of receiving the notice of intent to relocate. The parents shall then participate in mediation to attempt to resolve the dispute before seeking court intervention.

4. Modification Due to Relocation

If either parent relocates to a residence more than [NUMBER] miles from their current residence or to another state, with or without the children, the parents shall review and modify this Parenting Plan as necessary to accommodate the new circumstances, with the primary goal of maintaining the children's relationships with both parents.

VII. TRANSPORTATION

A. Transportation Responsibilities

1. Regular Parenting Time Exchanges

For regular parenting time exchanges, transportation shall be arranged as follows:

☐ The parent receiving the children shall be responsible for picking up the children from the other parent's residence or from school/daycare.

☐ The parent ending parenting time shall be responsible for delivering the children to the other parent's residence or to school/daycare.

☐ Parents shall share transportation responsibilities, with Parent A driving for exchanges on [DAYS] and Parent B driving for exchanges on [DAYS].

☐ Other arrangement: [SPECIFY]

2. Exchange Locations

Unless otherwise specified, exchanges shall occur at:

☐ Parent A's residence ☐ Parent B's residence ☐ Children's school or daycare (during operating hours) ☐ Neutral location: [SPECIFY LOCATION]

3. Timeliness

Both parents shall be punctual for all exchanges. If a parent will be more than 15 minutes late, that parent shall notify the other parent as soon as possible.

4. Contingency Plans

If the parent responsible for transportation is unable to fulfill that responsibility due to an emergency, that parent shall:

  • Notify the other parent as soon as possible
  • Arrange for another responsible adult known to the children to provide transportation, if possible
  • Provide the other parent with the name and contact information of any third party who will be providing transportation

B. Travel Restrictions

1. In-State Travel

Each parent may travel within the state with the children during their parenting time without specific permission from the other parent. However, each parent shall provide the other parent with an itinerary including travel dates, destinations, accommodations, and contact information if the travel will:

  • Involve overnight stays away from that parent's residence
  • Interfere with the regular parenting time schedule
  • Interfere with the children's school attendance or other scheduled activities

2. Out-of-State Travel

Each parent may travel out of state with the children during their parenting time provided that:

  • The parent provides the other parent with written notice at least 14 days in advance
  • The parent provides a detailed itinerary including travel dates, destinations, accommodations, and contact information at least 7 days before departure
  • The travel does not interfere with important events in the children's lives or with the other parent's holiday or special occasion parenting time
  • The children have reasonable means to communicate with the other parent during the trip

3. International Travel

Neither parent shall travel internationally with the children without:

  • Written consent from the other parent at least 30 days in advance
  • Providing a detailed itinerary including travel dates, destinations, accommodations, and contact information at least 14 days before departure
  • Providing copies of all travel documents, including passports and visas
  • Ensuring the children have means to communicate with the other parent during the trip

If either parent withholds consent for international travel, the parents shall attempt to resolve the dispute through mediation before seeking court intervention.

4. Passport and Travel Documents

The children's passports and other travel documents shall be kept by:

☐ Parent A ☐ Parent B ☐ In a mutually accessible location: [SPECIFY] ☐ Other arrangement: [SPECIFY]

The parent with possession of the travel documents shall make them available to the other parent upon reasonable notice for authorized travel.

VIII. CHILD SUPPORT

A. Child Support Amount

Child support shall be paid according to the child support order entered in this case. As of the date of this Parenting Plan:

Parent [A/B] shall pay Parent [B/A] the sum of $[AMOUNT] per month for the support of the minor children.

Child support payments shall begin on [DATE] and shall continue until:

  • Each child reaches the age of 18 or graduates from high school, whichever occurs later, but in no event beyond the age of 19
  • Each child becomes emancipated through marriage, court order, or other operation of law
  • The child support order is modified by court order

B. Payment Method

Child support shall be paid by:

☐ Direct deposit into the receiving parent's bank account ☐ Through the state child support enforcement agency ☐ By check or money order delivered to the receiving parent ☐ Other method: [SPECIFY]

Payments shall be made on or before the [DAY] of each month.

C. Extraordinary Expenses

1. Extracurricular Activities

The parents shall share the costs of the children's agreed-upon extracurricular activities as follows:

  • Parent A shall pay [PERCENTAGE]%
  • Parent B shall pay [PERCENTAGE]%

"Extracurricular activities" include but are not limited to sports, arts, music, dance, academic enrichment programs, and other organized activities outside of regular school hours.

Before enrolling a child in an extracurricular activity that will cost more than $[AMOUNT] per season or session, the parents shall consult with each other and reach agreement on sharing the cost.

2. Private School Tuition

If the children attend private school, the parents shall share the costs as follows:

  • Parent A shall pay [PERCENTAGE]%
  • Parent B shall pay [PERCENTAGE]%

This includes tuition, required fees, uniforms, and school supplies.

3. College Expenses

The parents shall share the costs of the children's college or post-secondary education as follows:

  • Parent A shall pay [PERCENTAGE]%
  • Parent B shall pay [PERCENTAGE]%

This includes tuition, required fees, books, room and board, and reasonable transportation expenses.

☐ College expenses shall be capped at the cost of in-state tuition at [STATE] public universities. ☐ Other arrangement: [SPECIFY]

4. Other Extraordinary Expenses

Other extraordinary expenses not covered by child support shall be shared as follows:

  • Parent A shall pay [PERCENTAGE]%
  • Parent B shall pay [PERCENTAGE]%

"Other extraordinary expenses" include but are not limited to:

  • Special equipment or supplies for physical or educational needs
  • Special clothing (e.g., prom attire, graduation gowns)
  • School trips
  • Summer camps
  • Driver's education and licensing
  • Vehicle purchase, insurance, and maintenance for the children
  • Other: [SPECIFY]

D. Health Insurance

1. Health Insurance Coverage

☐ Parent A shall maintain health insurance coverage for the children. ☐ Parent B shall maintain health insurance coverage for the children. ☐ Both parents shall maintain health insurance coverage for the children through their respective employers.

The parent providing health insurance shall provide the other parent with insurance cards, policy information, and necessary forms within 7 days of receiving them.

2. Uncovered Medical Expenses

Uncovered and unreimbursed medical, dental, orthodontic, vision, psychological, and prescription medication expenses for the children shall be shared as follows:

  • Parent A shall pay [PERCENTAGE]%
  • Parent B shall pay [PERCENTAGE]%

"Uncovered medical expenses" include but are not limited to deductibles, co-payments, and any services not covered by insurance.

3. Procedure for Reimbursement

The parent incurring the medical expense shall provide the other parent with a copy of the bill and proof of payment within 30 days. The other parent shall reimburse their share of the expense within 30 days of receiving this documentation.

E. Tax Provisions

1. Dependency Exemptions

The parents shall claim the children as dependents for tax purposes as follows:

☐ Parent A shall claim all children every year. ☐ Parent B shall claim all children every year. ☐ The parents shall alternate claiming the children, with Parent A claiming in even years and Parent B claiming in odd years. ☐ Parent A shall claim [CHILD(REN) NAME(S)] and Parent B shall claim [CHILD(REN) NAME(S)]. ☐ Other arrangement: [SPECIFY]

2. Conditions for Claiming Dependency Exemptions

The right to claim the children as dependents for tax purposes is conditioned upon being current with child support obligations as of December 31 of the tax year.

3. Tax Credits

The parent claiming a child as a dependent for a particular tax year shall be entitled to claim all available tax credits related to that child, including but not limited to the child tax credit, child care credit, and education credits, unless otherwise specified below:

[SPECIFY ANY DIFFERENT ARRANGEMENTS FOR TAX CREDITS]

IX. HEALTH & WELFARE

A. Medical Decision-Making

1. Routine Medical Care

Each parent may authorize routine medical care for the children during their parenting time, including well-child visits, immunizations recommended by the children's primary care physician, and treatment for minor illnesses and injuries.

2. Non-Emergency Medical Decisions

For non-emergency medical decisions, including but not limited to elective procedures, specialist referrals, and ongoing treatment for chronic conditions, the parents shall:

  • Share all relevant information with each other
  • Consult with each other before making decisions
  • Make decisions in accordance with the legal custody provisions of this plan

3. Emergency Medical Decisions

In a medical emergency, the parent with the children at the time may authorize necessary emergency treatment without consulting the other parent first. However, that parent shall notify the other parent as soon as possible, and both parents shall have the right to speak with medical providers.

4. Second Opinions

Either parent may seek a second medical opinion regarding a recommended treatment or procedure. The parents shall share the cost of obtaining a second opinion in accordance with the provisions for uncovered medical expenses.

B. Medication Management

1. Prescription Medications

Both parents shall administer prescription medications to the children as prescribed and directed by their healthcare providers. Neither parent shall discontinue, adjust the dosage of, or change a child's prescription medication without medical authorization.

2. Transferring Medications

When the children transition between households, the sending parent shall provide the receiving parent with:

  • All current prescription medications
  • Clear instructions regarding dosage and administration
  • Sufficient supply to last until the next transition or until a refill can be obtained

3. Refilling Prescriptions

The parent who has the children when a prescription needs to be refilled shall be responsible for obtaining the refill. The cost of prescription medications shall be shared in accordance with the provisions for uncovered medical expenses.

4. Over-the-Counter Medications

Each parent may administer over-the-counter medications to the children during their parenting time in accordance with the manufacturer's instructions or as directed by a healthcare provider.

C. Special Needs Provisions

1. Recognition of Special Needs

The parents acknowledge that [CHILD(REN) NAME(S)] has/have been diagnosed with [DIAGNOSIS/CONDITION] that requires special care and attention.

2. Treatment and Therapy

The parents shall ensure that the children attend all recommended treatments, therapies, and appointments related to their special needs, including:

The parent who has parenting time when a treatment or therapy session is scheduled shall be responsible for ensuring the child's attendance. If a parent cannot take the child to a scheduled appointment, that parent shall notify the other parent as soon as possible to allow the other parent the opportunity to take the child.

3. IEP and School Accommodations

Both parents shall have the right to participate in all Individualized Education Program (IEP) meetings, 504 plan meetings, and other educational planning meetings for the children. Both parents shall be listed as contacts for the school and shall receive copies of all IEPs, 504 plans, progress reports, and evaluations.

4. Consistency Between Households

To provide stability for the children, both parents shall:

  • Follow consistent routines and rules in both households
  • Use the same behavior management techniques recommended by healthcare providers or therapists
  • Maintain similar expectations regarding the children's special needs
  • Communicate regularly about the children's progress and challenges

D. Mental Health Support

1. Therapy and Counseling

If a child is receiving or is recommended to receive mental health services, both parents shall:

  • Support the child's participation in therapy or counseling
  • Ensure the child attends all scheduled appointments
  • Participate in family or parent sessions as recommended by the mental health provider
  • Implement recommended strategies and interventions in their respective households

2. Selection of Mental Health Providers

The parents shall jointly select mental health providers for the children in accordance with the legal custody provisions of this plan. Both parents shall have the right to communicate directly with any mental health provider treating the children.

3. Confidentiality

The parents shall respect the confidential nature of the therapeutic relationship between the children and their mental health providers. Neither parent shall pressure the children to disclose the content of therapy sessions.

4. Costs

The costs of mental health services shall be covered by insurance when possible, with any uncovered expenses shared in accordance with the provisions for uncovered medical expenses.

X. BEHAVIORAL EXPECTATIONS

A. Parental Conduct

1. Respectful Communication

Both parents shall speak respectfully about the other parent in the presence of the children and shall not make negative comments about the other parent, their family members, or their household. Both parents shall encourage the children to respect the other parent.

2. Conflict Resolution

The parents shall resolve disagreements away from the children and shall not involve the children in adult conflicts or use the children as messengers between households.

3. Support for the Other Parent's Relationship

Each parent shall support and encourage the children's relationship with the other parent by:

  • Speaking positively about the other parent
  • Ensuring the children are prepared physically and emotionally for transitions
  • Respecting the children's time with the other parent
  • Not scheduling activities during the other parent's parenting time without consent
  • Facilitating communication between the children and the other parent

4. Consistency and Cooperation

The parents shall strive for consistency between households regarding:

  • Rules and discipline
  • Bedtimes and routines
  • Homework expectations
  • Screen time limits
  • Age-appropriate responsibilities

B. Substance Use Restrictions

1. Alcohol Use

Neither parent shall consume alcohol to the point of impairment during parenting time or within 8 hours before driving with the children.

2. Illegal Substances

Neither parent shall use illegal substances at any time. Neither parent shall allow the use of illegal substances in their home or in the presence of the children.

3. Prescription Medications

Prescription medications shall be used only as prescribed by a physician and shall be stored securely out of reach of the children.

4. Smoking and Vaping

Neither parent shall smoke or vape tobacco or marijuana products in enclosed spaces with the children or in vehicles with the children.

C. New Relationships

1. Introduction of New Partners

Each parent shall exercise discretion in introducing the children to new dating partners. Neither parent shall introduce a new dating partner to the children until:

  • The relationship has been ongoing for at least [NUMBER] months
  • The parent has informed the other parent of the planned introduction
  • The introduction is handled in a manner appropriate to the children's ages and emotional needs

2. Overnight Guests

Neither parent shall have romantic overnight guests when the children are present until:

  • The relationship has been ongoing for at least [NUMBER] months
  • The children have been introduced to the person and have had sufficient time to adjust to the relationship

3. Role of New Partners

New partners shall not:

  • Discipline the children
  • Make parenting decisions
  • Disparage the other parent
  • Interfere with the co-parenting relationship
  • Attempt to replace the role of either parent

4. Titles and Names

The children shall not be encouraged or required to call a new partner "mom," "dad," or any similar parental title.

XI. MODIFICATION & ENFORCEMENT

A. Review Schedule

1. Periodic Review

The parents shall review this Parenting Plan at least once every two years to assess whether modifications are needed to address the children's changing developmental needs.

2. Triggered Review

The parents shall review this Parenting Plan upon the occurrence of any of the following events:

  • A child starts middle school or high school
  • Either parent relocates more than [NUMBER] miles from their current residence
  • Either parent experiences a significant change in work schedule
  • A child develops special needs requiring accommodation
  • Any other significant change in circumstances affecting the children's best interests

3. Review Process

When reviewing the Parenting Plan, the parents shall:

  • Discuss proposed changes directly with each other
  • Consider the children's input in an age-appropriate manner
  • Focus on the children's best interests
  • Document any agreed-upon changes in writing

B. Mediation Requirement

1. Mandatory Mediation

Before filing any court action to modify or enforce this Parenting Plan (except in emergencies as defined below), the parents shall participate in at least one mediation session with a qualified family mediator.

2. Selection of Mediator

The parents shall select a mediator from:

  • A mutually agreed-upon private mediator
  • Court-connected mediation services
  • A mediator recommended by both parents' attorneys

3. Cost of Mediation

The parents shall share the cost of mediation equally unless otherwise agreed or ordered by the court.

4. Emergency Exception

The mediation requirement shall not apply in emergencies involving:

  • Immediate risk of physical or emotional harm to the children
  • Immediate risk of removal of the children from the jurisdiction
  • Immediate risk of destruction or concealment of evidence relevant to the children's welfare

C. Enforcement Provisions

1. Missed Parenting Time

If a parent misses scheduled parenting time without proper notice or legitimate reason, the other parent shall be entitled to make-up parenting time of equal duration, to be scheduled within 30 days.

2. Repeated Violations

In the event of repeated or significant violations of this Parenting Plan, either parent may:

  • Request a co-parenting counseling session
  • File a motion for enforcement with the court after attempting mediation
  • Seek modification of the Parenting Plan if the violations demonstrate that the current plan is no longer in the children's best interests

3. Documentation

Each parent shall maintain a record of significant violations of this Parenting Plan, including:

  • Date and nature of the violation
  • Communications regarding the violation
  • Impact on the children
  • Steps taken to resolve the issue

4. Attorney's Fees

In any enforcement action, the court may award reasonable attorney's fees and costs to the prevailing parent.

XII. SPECIAL CIRCUMSTANCES

A. Military Deployment Provisions

1. Notice of Deployment

A parent who receives military deployment orders shall notify the other parent as soon as possible, but no later than 7 days after receiving orders.

2. Temporary Modification During Deployment

Upon notification of deployment, the parents shall develop a temporary modification to this Parenting Plan to address:

  • Parenting time during pre-deployment, deployment, and post-deployment
  • Communication between the deployed parent and the children
  • Decision-making authority during deployment

3. Delegation of Parenting Time

The deployed parent may delegate all or a portion of their parenting time to a family member with whom the children have a close relationship, provided that:

  • The delegation is in the children's best interests
  • The other parent is notified of the proposed delegation at least 14 days in advance
  • The delegation does not interfere with the other parent's scheduled parenting time

4. Communication During Deployment

During deployment, the deployed parent shall have liberal communication with the children via telephone, email, video conferencing, or other available means, taking into consideration:

  • Time zone differences
  • The children's schedules
  • Military duties and restrictions

5. Resumption of Parenting Plan

The original terms of this Parenting Plan shall resume within 10 days of the deployed parent's return, unless the parents agree otherwise or the court orders otherwise.

B. Long-Distance Parenting Provisions

1. Application

These provisions apply when the parents live more than [NUMBER] miles apart.

2. Regular Parenting Time Schedule

When parents live at a significant distance from each other, the regular parenting time schedule shall be:

☐ School year with Parent [A/B], extended time with Parent [B/A] during school breaks ☐ Alternating extended periods (e.g., alternating months or quarters) ☐ Other arrangement: [SPECIFY]

3. Extended Vacation Periods

The non-residential parent shall be entitled to extended parenting time during school breaks as follows:

  • Spring Break: The entire break in [EVEN/ODD] years
  • Summer Break: [NUMBER] weeks, to be scheduled by [DATE] each year
  • Winter Break: [SPECIFY ARRANGEMENT]

4. Transportation Costs

Transportation costs for long-distance parenting time shall be allocated as follows:

  • Parent A shall pay [PERCENTAGE]%
  • Parent B shall pay [PERCENTAGE]%

Alternative arrangements: ☐ The parent exercising parenting time shall be responsible for transportation costs ☐ The parent who relocated shall be responsible for transportation costs ☐ Other arrangement: [SPECIFY]

5. Virtual Parenting Time

In addition to regular parenting time, the non-residential parent shall have virtual parenting time via video conferencing at least [NUMBER] times per week at mutually agreed-upon times.

C. Safety Provisions

1. Supervised Parenting Time

☐ Not applicable ☐ Parent [A/B]'s parenting time shall be supervised as follows:

  • Supervisor: [PROFESSIONAL SUPERVISOR/FAMILY MEMBER/FRIEND]
  • Location: [SUPERVISION CENTER/OTHER LOCATION]
  • Duration: Until [SPECIFIC DATE/EVENT/COURT ORDER]
  • Transition to unsupervised parenting time: [SPECIFY CONDITIONS]

2. Neutral Exchange Location

☐ Not applicable ☐ Exchanges of the children shall occur at a neutral location as follows:

  • Location: [POLICE STATION/PUBLIC LIBRARY/OTHER PUBLIC LOCATION]
  • Procedure: [SPECIFY STAGGERED ARRIVAL/DEPARTURE TIMES OR OTHER PROCEDURES]

3. Substance Abuse Testing

☐ Not applicable ☐ Parent [A/B] shall submit to random [ALCOHOL/DRUG] testing as follows:

  • Frequency: [SPECIFY]
  • Testing facility: [SPECIFY]
  • Consequences of positive test or refusal to test: [SPECIFY]

4. Restraining/Protective Orders

☐ Not applicable ☐ A restraining/protective order is currently in effect:

  • Case Number: [CASE NUMBER]
  • Court: [COURT]
  • Expiration Date: [DATE]
  • Relevant provisions: [SUMMARIZE PROVISIONS AFFECTING PARENTING]

5. Other Safety Provisions

[SPECIFY ANY OTHER SAFETY PROVISIONS]

XIII. SIGNATURES

We, the undersigned, have read, understand, and agree to the terms of this Parenting Plan. We understand that this is a legally binding document and violation of its terms may result in court sanctions. We enter into this agreement freely and voluntarily, believing it to be in the best interests of our children.

Dated: ________________________

[PARENT A FULL LEGAL NAME]

Dated: ________________________

[PARENT B FULL LEGAL NAME]

XIV. COURT APPROVAL

THIS PARENTING PLAN IS:

☐ Agreed to by both parents and submitted for court approval. ☐ Proposed by [PARENT A/PARENT B] and submitted to the court for consideration. ☐ Ordered by the Court after hearing.

APPROVED AND ORDERED this _______ day of _________________, [YEAR].

JUDGE

Texas Requirements for Parenting Plan

Best Interest of the Child Standard (Texas Family Code § 153.002)

The parenting plan must prioritize the best interests of the child above all other considerations, as required by Texas Family Code. This is the overarching principle that guides all custody and visitation decisions in Texas.

Conservatorship Designation (Texas Family Code § 153.131)

The plan must clearly designate whether parents will have joint managing conservatorship (JMC) or if one parent will be sole managing conservator (SMC) with the other as possessory conservator. Texas law presumes that JMC is in the child's best interest unless evidence shows otherwise.

Rights and Duties of Conservators (Texas Family Code § 153.071-153.076)

The parenting plan must specify the rights and duties of each parent regarding the child's physical care, support, education, and medical/dental care, including which parent has the right to make decisions in each area.

Standard Possession Order (Texas Family Code § 153.311-153.317)

The plan should include a possession schedule that complies with or references the Standard Possession Order (SPO) for children 3 years and older, or specify deviations from the SPO with justification.

Child Support Provisions (Texas Family Code § 154.001-154.309)

The parenting plan must address child support obligations in accordance with Texas child support guidelines, including amount, payment method, and duration.

Medical and Dental Support (Texas Family Code § 154.181-154.183)

The plan must include provisions for health insurance coverage for the child and allocation of uninsured medical expenses between parents.

Geographic Restriction (Texas Family Code § 153.134(b)(1))

The parenting plan should address any geographic restrictions on the child's primary residence, which is common in Texas to ensure both parents can maintain meaningful relationships with the child.

Right of First Refusal (Texas Family Code § 153.073-153.074)

The plan may include provisions giving the other parent the right to care for the child when the possessory parent needs childcare for an extended period.

Parental Communication (Texas Family Code § 153.015)

The plan should outline how parents will communicate regarding the child and with the child when in the other parent's possession, including electronic communication methods.

Dispute Resolution Mechanism (Texas Family Code § 153.0071)

The parenting plan must include a method for resolving disputes about the plan before returning to court, such as mediation or parenting coordination.

Modification Provisions (Texas Family Code § 156.101)

The plan should acknowledge the statutory grounds for future modifications, including material and substantial change in circumstances or child's preference (if 12 or older).

Parental Relocation Notification (Texas Family Code § 153.134(b)(1))

The plan must require advance written notice of any intended change of residence of the child, typically 60 days before the move.

Holiday and Special Occasion Schedule (Texas Family Code § 153.314-153.315)

The plan must include specific provisions for holidays, school vacations, birthdays, and other special occasions, with clear start and end times and transportation arrangements.

UCCJEA Compliance (Texas Family Code § 152.001-152.317)

The parenting plan must comply with the Uniform Child Custody Jurisdiction and Enforcement Act, which determines which state has jurisdiction over child custody matters.

Parental Child Abduction Prevention (Texas Family Code § 153.501-153.503)

The plan should include provisions to prevent international child abduction, especially if one parent has ties to foreign countries, in compliance with federal and state laws.

PKPA Compliance (28 U.S.C. § 1738A)

The parenting plan must comply with the federal Parental Kidnapping Prevention Act, which requires states to give full faith and credit to child custody determinations made by other states.

Child's Access to Records (Texas Family Code § 153.073(a)(2))

The plan must address both parents' rights to access the child's medical, dental, psychological, and educational records regardless of which parent has the right to make decisions in these areas.

Child Tax Credit Allocation (26 U.S.C. § 152(e))

The parenting plan should specify which parent may claim the child as a dependent for federal income tax purposes, either annually or in alternating years.

Military Deployment Provisions (Texas Family Code § 153.701-153.709 and Servicemembers Civil Relief Act, 50 U.S.C. § 3901-4043)

For military parents, the plan must include provisions addressing custody and visitation arrangements during deployment, in compliance with both Texas and federal laws.

Child Protective Provisions (Texas Family Code § 153.004)

The plan must include provisions to protect the child from family violence, substance abuse, or other harmful behaviors, including supervised visitation if necessary.

Frequently Asked Questions

A comprehensive parenting plan should include: (1) Legal and physical custody arrangements; (2) Detailed visitation schedules for regular weekdays, weekends, holidays, school breaks, and special occasions; (3) Decision-making authority for education, healthcare, religious upbringing, and extracurricular activities; (4) Communication protocols between parents and with children; (5) Transportation and exchange logistics; (6) Child support and expense allocation; (7) Dispute resolution methods; (8) Provisions for relocations or schedule modifications; (9) Right of first refusal for childcare; and (10) Special considerations for children with unique needs. Business owners should also address how business travel impacts the schedule and how business assets factor into financial support.

For couples with significant assets, parenting plans often include more complex financial provisions. These may address: (1) Funding for private education, college savings plans, or trust funds; (2) Allocation of expenses for premium extracurricular activities, sports, or arts programs; (3) Travel considerations, including international travel and vacation homes; (4) Health insurance and extraordinary medical expenses; (5) Provisions for nannies, au pairs, or other household staff; (6) Transportation arrangements that may involve multiple residences; and (7) Tax considerations related to dependency exemptions and child tax credits. The plan may also reference separate financial agreements or trusts established for the children's benefit.

Courts evaluate parenting plans using the 'best interests of the child' standard, considering factors such as: (1) Each parent's ability to provide a stable, loving environment; (2) The child's relationship with each parent; (3) Each parent's physical and mental health; (4) The child's age, developmental needs, and established routines; (5) Each parent's willingness to support the child's relationship with the other parent; (6) Any history of domestic violence, substance abuse, or neglect; (7) The child's ties to school, community, and extended family; (8) Each parent's ability to cooperate in decision-making; and (9) The child's preferences, if they're mature enough to express reasoned opinions. The court prioritizes arrangements that foster the child's emotional and physical well-being.

Business owners should address their unique scheduling challenges by: (1) Building flexibility into the parenting schedule to accommodate business travel or irregular work hours; (2) Establishing clear protocols for schedule changes, including advance notice requirements; (3) Designating backup caregivers when business emergencies arise; (4) Creating provisions for virtual parenting time during business trips; (5) Addressing seasonal business fluctuations that may affect availability; (6) Establishing communication protocols for when the business owner is unavailable; (7) Considering how business assets and income fluctuations impact support obligations; and (8) Including provisions for compensatory parenting time when business obligations interfere with scheduled time. The plan should balance the business owner's professional responsibilities with consistent parenting time.

Common custody arrangements include: (1) Joint legal custody with primary physical custody to one parent and visitation to the other (often weekends and one weeknight); (2) Joint legal and physical custody with a 50/50 time split using alternating weeks, 2-2-3 schedules, or 2-2-5-5 rotations; (3) Bird's nest custody where children remain in the family home while parents alternate residing there; (4) Split custody where siblings are divided between parents (rare and generally discouraged); (5) Sole legal and physical custody to one parent with supervised or limited visitation to the other (typically in cases involving safety concerns). For high-asset families, arrangements often include provisions for multiple residences, travel between homes, and maintaining consistent standards of living between households.

To address future modifications, include: (1) A periodic review clause (e.g., every 2-3 years) to assess the plan's effectiveness; (2) Specific triggers for automatic reviews, such as children reaching certain ages or educational transitions; (3) A requirement to attempt mediation before filing court motions for modifications; (4) A framework for addressing anticipated changes like relocations or career shifts; (5) Procedures for handling emergency modifications; (6) Guidelines for when children's evolving preferences should be considered; (7) A process for documenting agreed-upon minor changes without court involvement; and (8) Provisions addressing how substantial changes in either parent's financial circumstances might impact the arrangement. This forward-thinking approach helps the parenting plan evolve with your children's changing needs while minimizing conflict.

Decision-making authority should be clearly defined across four key areas: education, healthcare, religious upbringing, and extracurricular activities. Options include: (1) Joint decision-making requiring both parents to agree on major decisions; (2) Divided decision-making where each parent has authority over specific domains; (3) Final decision-making authority to one parent after consultation with the other; or (4) Sole decision-making authority to one parent for all or certain matters. The plan should specify what constitutes a 'major' versus 'day-to-day' decision, establish consultation timeframes, and include dispute resolution mechanisms. For high-asset families, consider addressing authority over financial decisions affecting children, such as trust distributions, investment choices for college funds, or significant purchases. Business owners should ensure the plan accounts for potential conflicts between business obligations and parenting responsibilities.

Include these communication provisions: (1) Preferred methods and timing for parent-to-parent communication (email, text, co-parenting apps); (2) Response timeframes for non-emergency matters; (3) Protocols for emergency communications; (4) Guidelines for sharing information about education, health, and activities; (5) Rules regarding respectful communication and avoiding discussing adult matters with children; (6) Provisions for uninterrupted communication between children and the non-custodial parent via phone, video calls, or messaging; (7) Boundaries regarding monitoring children's communications with the other parent; (8) Social media policies regarding posting children's photos or information; and (9) Requirements to include both parents on school, medical, and activity contact lists. For business owners or high-asset individuals who may employ household staff, include protocols for communication through assistants or caregivers.