Parenting Plans: Drafting and Negotiating Effective Plans

In Oregon, once the petition for dissolution or petition to establish custody of your children has been filed and each party, mother and father, has responded, one of the many items that will need to be done before the court will finalize the matter is the creation of a parenting plan. Parenting plans are required in all cases involving children where parenting time is an issue, regardless of which circuit court you file in.

ORS 107.102, the statute regulating parenting plans, states: “a parenting plan may be either general or detailed.” The language of the statute grants a great deal of latitude when creating the plan. When creating a detailed plan, the sky really is the limit. This means that the plan can be complex and detail every day of the year that the child will be with each parenting, including holidays, Christmas, Thanksgiving, spring break, summer break, birthdays, school vacations, and contingencies for each. On the other hand, a general parenting plan will operate more as an outline as to how the parties will work through various dates and weekends outside of the normal weekly plan. All that is really required is that the plan must clearly establish which parent will have parenting time at any specific period of time.

A Portland family law attorney will be able to help negotiate a parenting plan that is in the best interest of your child or children and that includes all items specific to their circumstances that provides a strong foundation to parent the children in an up building, constructive manner for years to come. This includes working through items such as:

• Residential schedules
• Holiday, birthday and other vacations including in-service school days
• Who make decisions during the parenting time
• What happens if one or both of the parentis decide to relocate
• Who will provide transportation for the kids
• Who will pay transportation costs for the children;
• How to resolve other disputes if they arise

As things change over the course of a divorce, a parenting plan may be difficult to craft due to each party wanting the children with them all of the time. Ultimately, if the parties are unable to create a parenting plan, the court will do it for you. This is not always this best option as the parties usually know their schedules and their children’s schedules best. The only thing the court will consider when creating the parenting plan is the best interest of the child and the safety of the parties.

The Portland family law attorneys of Gzik Law, PC strive to offer client orientated services to produce a parenting plan that can last the test of time. This includes using cost effective measures such as mediation to assist the parties in creating a parenting plan. However, if the parties are unable to agree to a parenting time plan that is in the best interest of their child or children, Gzik Law, PC is ready to aggressively protect your rights in court.