Legal Definitions - parenting agreement

A parenting agreement, often referred to as a parenting plan, is a formal written document created by parents who are separating or divorcing. This agreement outlines how they will continue to raise their children together, even though they are no longer a couple. It serves as a roadmap for co-parenting, covering important aspects of the children's lives to provide stability and clarity for both the children and the parents.

Key elements typically addressed in a parenting agreement include:

• Physical Custody (Parenting Time): The schedule for when each parent will have the children, including weekdays, weekends, holidays, and vacations.
• Legal Custody (Decision-Making): How parents will make major decisions about the children's upbringing, such as education, healthcare, religious instruction, and extracurricular activities. This can be shared (joint legal custody) or assigned primarily to one parent.
• Communication: Protocols for how parents will communicate with each other about the children and how the children will communicate with each parent.
• Dispute Resolution: Methods for resolving disagreements that may arise between parents regarding the children.
• Child Support: While often a separate court order, the agreement may reference or incorporate details about financial support for the children.

Here are some examples illustrating how parenting agreements are used:

• Example 1: Newly Separated Parents with Young Children
  Sarah and Michael are divorcing and have two young children, ages 3 and 5. To minimize disruption and ensure both parents remain actively involved, they create a parenting agreement. This agreement details a specific 2-2-3 rotating schedule for physical custody, ensuring the children spend consistent time with each parent. It also specifies that they will share joint legal custody, meaning they must consult and agree on major decisions regarding the children's schooling, medical treatments, and religious upbringing. The agreement includes a holiday schedule, clearly outlining which parent will have the children for Thanksgiving, Christmas, and other significant dates each year.

  This illustrates a parenting agreement because Sarah and Michael are formalizing their post-divorce co-parenting arrangements in a written document, covering physical and legal custody, holiday schedules, and decision-making protocols for their young children.

• Example 2: Unmarried Parents Living in Different States
  David and Emily, who were never married but share a 14-year-old son, now live in different states due to job changes. Their son primarily resides with David during the school year but wishes to spend extended periods with Emily during summers and school breaks. Their parenting agreement addresses this unique situation by detailing the son's primary residence, establishing a comprehensive schedule for visits with Emily (including travel arrangements and cost-sharing), and outlining how they will jointly make decisions about the son's high school curriculum, college applications, and specialized medical care, despite the geographical distance.

  This demonstrates a parenting agreement as David and Emily are creating a structured, written plan to manage their son's upbringing across different locations, covering residency, visitation logistics, financial responsibilities related to travel, and shared decision-making for a teenager.

• Example 3: Parents with Children of Varying Ages
  Maria and Carlos are separating after 15 years of marriage and have three children: a 16-year-old, a 12-year-old, and an 8-year-old. Their parenting agreement acknowledges the different needs and preferences of each child. For the teenager, it might allow for more flexibility in the parenting schedule based on extracurricular activities and social commitments, while for the younger children, it establishes a more rigid weekly schedule. The agreement also specifies how they will handle private school tuition, medical appointments for chronic conditions, and participation in competitive sports, ensuring both parents contribute to and are informed about these aspects of their children's lives.

  This shows a parenting agreement because Maria and Carlos are formalizing a comprehensive plan for their children's care after separation, addressing varying needs based on age, outlining specific responsibilities for education and extracurriculars, and establishing clear parenting schedules tailored to each child.