Making decisions about how a child grows up is one of a parent’s most important rights and privileges. But what happens to those rights when a child’s parents separate or divorce? How you parent might look a little different in a custody order. However, you still have rights and options to help ensure you get the best results for you and your child.
One of the best ways to help make sure you are heard in a custody proceeding is to draft a comprehensive and enforceable parenting plan. You can use a parenting plan template in California, but you should consult an experienced attorney about what to put in it to protect yourself and your family. A well-written parenting plan can reduce conflict between parents and facilitate a smooth transition for your child. It can also provide the clarity California courts need when deciding whether to approve a custody agreement.
At Barnholtz & Kugler, we understand that every family has unique needs. We also have multiple decades of combined experience and are the best at what we do. Our goal is to help you understand your options and create a practical plan that protects your parental rights while prioritizing your child’s best interests.
What Are the Different Types of Custody in California?
Before creating a California parenting plan, you need to understand the different types of custody.
Legal vs. Physical Custody
Legal custody decides who has the authority to make important decisions about your child’s upbringing. These decisions may involve:
- Education,
- Medical treatment, and
- Matters regarding the child’s general welfare.
Physical custody determines where your child lives and who provides their daily care.
Parenting plans don’t stop at determining who will have legal and physical custody. Knowing what to include in a parenting plan also means knowing what level of physical and legal custody each parent should have.
Sole vs. Joint Custody
California recognizes both joint and sole custody arrangements. Parents may have different combinations of these arrangements, including:
- Joint legal and physical custody. In this arrangement, both parents make major decisions, and the child spends significant time with each parent.
- Joint legal custody and sole physical custody. In this arrangement, both parents make important decisions, but the child primarily lives with one parent.
- Sole legal custody and joint physical custody. In this arrangement, one parent makes major decisions, while the child spends significant time with both parents.
- Sole legal custody and sole physical custody. In this arrangement, one parent has primary physical responsibility, and one parent has exclusive authority over major decisions.
When creating your parenting plan or filling out a parenting plan template in California, think about:
- What is realistic,
- Each parent’s strengths and weaknesses, and
- The type of relationship each parent has with the child.
Under California law, courts consider custody arrangements based on the child’s best interests rather than automatically favoring either parent.
What Is a Good Parenting Plan?
A good parenting plan, first and foremost, protects the child and supports their development. A good parenting plan also considers each parent’s rights. To ensure your plan serves the right purposes, you should understand California’s legal standards and your family’s unique needs.
The Best Interests of the Child: California’s Most Important Standard
When parents ask, “What is a good parenting plan?” the answer begins with the child’s best interests.
California courts prioritize the child’s health, safety, and welfare when making custody decisions. California courts consider several important factors, including:
- The child’s health, safety, and welfare;
- Any history of abuse involving the child, a parent, or other individuals involved;
- The nature and amount of contact the child has with each parent; and
- Whether either parent habitually or continually uses illegal drugs or misuses substances.
California also recognizes the importance of frequent and continuing contact with both parents. Therefore, the law favors joint custody when it serves the child’s best interests. However, joint custody may not be granted if it raises safety concerns.
Does Your Child Have a Say?
Depending on your child’s age and maturity, the court may consider their preferences before issuing a custody order. In general, children who are at least 14 have an opportunity to address the court about custody or visitation. Younger children may also express their preferences when appropriate. So, don’t forget to check in with your child before crafting a custody plan for your family.
What to Include in a Parenting Plan
Understanding what to include in a parenting plan can help you avoid future disagreements and create a predictable routine for your child. Your agreement should address:
- Regular parenting schedules. Specify how many days and nights your child will spend with each parent, including weekdays, weekends, and overnight visits.
- School arrangements. Identify where your child will attend school, who will handle transportation, and how parents will make education decisions.
- Holidays and birthdays. Establish schedules for major holidays, birthdays, and special family occasions.
- Summers and vacations. Explain how parents will divide summer breaks, schedule vacations, and communicate travel plans.
- Extracurricular activities. Decide how parents will approve activities, coordinate transportation, and share responsibilities.
- Medical care. Establish who makes medical decisions, handles appointments, and communicates important health information.
- Backup childcare. Explain what happens when a parent cannot care for the child during scheduled parenting time, including whether the other parent receives the first opportunity to provide care.
- Transportation and exchanges. Identify pickup locations, exchange times, and transportation responsibilities.
- Communication. Establish reasonable methods for parents to communicate and maintain contact with their child.
A California parenting plan should also explain how parents will handle disagreements and request changes. When considering what to include in a parenting plan, focus on specific, realistic arrangements. And remember that clear instructions reduce misunderstandings and make it easier to determine whether either parent has violated the agreement.
Using a Parenting Plan Template from the California Courts
You do not have to create your parenting plan from scratch.
The California court system provides forms to help parents document custody arrangements and parenting schedules. The courts also offer additional forms covering:
- Holiday schedules,
- Physical custody provisions, and
- Joint legal custody responsibilities.
However, a template cannot anticipate every circumstance of a family, and you should carefully consider every provision you include in a template. An experienced family law attorney can help you:
- Identify potential problems,
- Negotiate appropriate provisions, and
- Ensure your agreement clearly addresses your family’s needs.
Consulting an attorney may be one of the best decisions you make for your family.
Get Help Creating a California Parenting Plan
At Barnholtz & Kugler, we know that custody decisions can affect your family for years. Our attorneys bring more than 60 years of combined legal experience. We help California families navigate difficult legal matters and determine what a good parenting plan looks like.
Whether you’re drafting your first parenting agreement or negotiating custody arrangements amid court proceedings, we can help you understand your options and protect your interests. Contact us by phone or online today. We can help create a parenting plan that puts your child’s well-being first and provides a clearer path forward for your family.