The Parenting Plans- Temporary and Permanent.
The parenting plan is an important part of the court system in the process of a divorce. This plan keeps parents collective and makes things less complicated for them. If the parents cooperate, the courts will do the rest.
The legislature recognizes that parents who maintain a child's emotional growth, health, stability and physical care serve the best interest of the child. For this reason the best interest of the child shall be the standard by which the court determines and allocates parental responsibility. When parents come before the court with a complaint for divorce, the law requires that a permanent parenting plan agreed upon by both parties be filed with the court. The parenting plan attempts to move away from the concepts of custody and visitation to emphasize the concept of parenting responsibilities. .
The Permanent Parenting Plan provides the court and parents with an opportunity to engage in an alternate to the adversarial process, which is more humane, thoughtful, and private. The overall goal and objective of the plan is to lessen the hostility and encourage parents to work cooperatively in the best interest of their children. Development of the permanent parenting plan helps to maintain a sense of family for children involved in divorce and establishes a road map for future parenting of the child.
Initial Divorce Proceedings.
When parents are unable to agree upon a permanent parenting plan either or both parties may submit a temporary parenting plan to the court. If after 120 days a permanent parenting plan has not been submitted, a scheduling order will be put down setting mediation or a petition to the court to be relieved form mediation for showing of good cause. In an uncontested divorce, the parties file a Marital Dissolution Agreement and include a permanent parenting plan. .
Post Divorce Proceedings.
If it becomes necessary to modify permanent parenting plans, the parties must first follow dispute resolution process determined in the original plan before coming back to court.