A parenting plan is a written agreement that outlines how divorced or separated parents will share time with and make decisions for their children. It covers physical custody schedules, legal decision-making authority, holiday arrangements, and communication protocols. Courts require parenting plans in all divorces involving minor children, and will impose one if parents cannot agree.
Last updated: February 2026 • Reviewed by Divorce.law Legal Team
The right to make major decisions about your child's life, including:
Where your child lives and the day-to-day schedule, including:
Both parents share responsibility. Joint legal custody means both make major decisions together. Joint physical custody means children spend significant time with both parents (not necessarily 50/50).
One parent has primary responsibility. Typically granted when the other parent is absent, unfit, or when joint custody would not serve the child's best interests. The other parent usually still has visitation rights.
Child spends one full week with each parent, alternating.
2 days with Parent A, 2 days with Parent B, 3 days back to Parent A. Alternates weekly.
3 days, 4 days, 4 days, 3 days rotating between parents.
5 days with one parent, 2 days with other, then reverse. Each parent has same weekdays.
Non-custodial parent has every other weekend (Friday-Sunday) plus one weeknight dinner.
Every other weekend from Thursday or Friday through Monday morning.
When parents live far apart, schedules typically include:
If you cannot agree on a parenting plan, the court will create one based on the "best interests of the child" standard. Judges typically consider:
If old enough (usually 12+), the child's wishes are considered
Physical/mental health, history of abuse or neglect
Keeping child in same school, community, near family
Quality of relationship, involvement in child's life
Willingness to support child's relationship with other parent
Which parent can provide more direct care
Courts prefer to keep siblings together when possible
Domestic violence, substance abuse, criminal history
Include exact times, dates, and locations. "Christmas" is ambiguous; "December 25th, 9 AM to 7 PM" is clear.
Children grow. Build in provisions for modifying the schedule as needs change.
Set aside personal feelings. What schedule truly serves your child's best interests?
Life happens. Include language for how to handle schedule changes and emergencies.
Agree to try mediation before going to court for future disagreements.
Verbal agreements are hard to enforce. Get everything in the court order.
Yes, parenting plans can be modified if there is a "substantial change in circumstances." This includes changes in work schedules, relocation, changes in the child's needs, or safety concerns. Both parents can agree to modifications, or one parent can petition the court. Minor, temporary changes often don't require court approval.
Document violations carefully (dates, times, specifics). First, try to resolve issues through communication or mediation. For persistent violations, you can file a motion for contempt with the court. Courts take parenting plan violations seriously and can order make-up time, modify custody, or impose other sanctions.
Not necessarily. If you and your spouse can agree on custody and scheduling, you can create a parenting plan together and submit it to the court for approval. However, if there are disputes, complex issues, or safety concerns, consulting with an attorney is recommended. Our AI-powered tools can help you create a comprehensive parenting plan.
"Custody" typically refers to the parent who has primary responsibility, while "visitation" traditionally meant time with the non-custodial parent. Many courts now use terms like "parenting time" instead to recognize that both parents remain important. The terminology varies by state, but the concepts involve who the child lives with and how decisions are made.
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