When parents live apart from one another, they must establish how they will divide time with their children. Many create a detailed parental responsibility plan for a judge’s review. The judge will then evaluate whether the plan serves the children’s best interests. If so, the judge will issue the plan as an enforceable court order.
Parenting plans in Southbury serve as the blueprint for your relationship with your children and co-parent for the foreseeable future, so it is essential to create a plan thoughtfully. An experienced child custody attorney can advise you about what to include in your plan and review your draft to ensure it meets legal requirements.
A parental responsibility plan, usually called a parenting plan, is a detailed document describing each parent’s rights and obligations toward each other and their shared children. Connecticut General Statutes § 46b-56a(d) describes the elements that parents must include in their plan. The plan must include the following:
The state provides a template parents can use to develop their plan. Some parents can craft a workable plan together, but many find working with a mediator helpful. When Southbury parents cannot agree on a plan, each develops their own preferred plan, which their attorneys then submit to the court.
Whether the parents agree on a plan, or each submits a separate one, a judge must review any plan before it goes into effect. The judge evaluates whether the plan supports the children’s best interests.
The judge will consider whether the plan provides the children with the emotional stability and physical safety they need. Additionally, a judge will determine whether the plan allows for the children to thrive and reach their potential or if it seems primarily geared toward the parents’ convenience. Although the plan must be practical given the parents’ obligations and schedules, judges expect parents to prioritize their children’s needs.
When parents agree and submit a joint plan, the judge will approve it unless they find it does not serve the children’s best interests. When parents submit separate plans, the judge could accept one or substitute a plan the court created. Working with a lawyer in Southbury can enhance the chances a court will accept a parent’s plan.
Sometimes, parents must adjust the parenting agreement to accommodate life changes. The law allows parents to modify the plan whenever a substantial change in circumstances merits a revision. However, a judge must approve any modification.
When parents agree on the necessary changes, they can amend their plan and submit it to the court for the judge to review. If the judge decides the change is in the children’s interest, the court will issue a new order. When parents disagree on the need for a modification, the parent seeking the change must petition the court to amend the plan.
The parent seeking the change must demonstrate that a significant change in circumstances justifies modifying the plan and that the change is in the children’s best interests. A Southbury attorney can help a parent pursue or defend a modification of a parenting plan.
A parenting plan is a critical document that guides your relationship with your children and co-parent for years to come. Consult one of our attorneys about creating or amending parenting plans in Southbury. We can help ensure your plan will work for your family and promote your children’s well-being. Get started today.
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