Parenting Plans – Resolving Issues Related to Parenting
Every Suit Affecting the Parent-Child Relationship (SAPCR) must contain a parenting plan which provides guidance to parents in accordance with their court-ordered or agreed custody decree. In order to finalize a SAPCR there are specific issues that must be clarified for the court to sign a final order.
A parenting plan sets out the rights and duties of the conservators, how possession and access will occur, the amount of child support, and plans to promote the continued development between the child and both parents. Parents are encouraged to work together, along with their attorneys, to establish a parenting plan that is in the best interest of the child. In a SAPCR case, a proposed parenting plan may be submitted to the court for review at least thirty (30) days before trial. An agreed parenting plan promotes a peaceful and amicable custody resolution that is influenced by both parents. If the parents cannot agree on a parenting plan, either party may submit a proposed parenting plan to the court prior to trial or a parenting coordinator can be requested. All decisions are based on what is in the child’s best interest.
In high conflict cases the court is likely to appoint a parenting coordinator and/or a parenting facilitator. Cases classified as high conflict involve parties that consistently choose the court to resolve parenting issues time and time again, distrust or anger between the family members, and difficulties communicating and coordinating how to care for the child.
A parenting coordinator is a neutral third-party assigned to assist parents with problems related to parenting and the SAPCR order. The coordinator’s role requires strict confidentiality. The purpose of a parenting coordinator is to establish trust between the family members affected by the SAPCR and implement procedures to avoid future litigation. The coordinator also facilitates communication and cooperation between parents when making decisions for the child.
A parenting facilitator may also be appointed to a case to help the parents adapt to a parenting plan. A parenting facilitator is a neutral third-party that serves the same role as parenting coordinator. However, a facilitator’s procedures are not confidential in nature.
A parenting plan is not required for temporary orders, child support modifications, and termination of parentage suits. A parenting plan will always be established for SAPCR cases. We strongly encourage for parents to work together in deciding how child-rearing decisions should be made. Cooperation between parents during this process will help alleviate tension down the road and reflect positively on the child. For more information, contact our Texas lawyers.