Parenting Plan Vs. Residential Schedule I have had several potential clients ask me about the difference between a parenting plan and a residential schedule. While the court orders are very similar, there are a few noticeable differences that I would like to talk about in this blog article. In a normal divorce or legal separation action, when there are children involved, the court is (normally) required to entry a parenting plan. In cases other than a divorce or legal separation, such as a paternity action, the court normally would entry a residential schedule unless one or both parents ask for a parenting plan. While both types of court orders address the allocation of time that the child spends with each parent, only the parenting plan has provisions that address the (major) decision making regarding the child. Additionally, only the parenting plan has a “dispute resolution” process if there is a disagreement on the “implementation” of the parenting plan. I suspect that, in the past, there was less of an issue with the parent with whom the child did not reside the majority of the time having any “say” in how the child was raised, so only his/her time was addressed. Of course today there is (normally) a very strong interest by both parents to have a say in major decisions that effect the child. I can only speculate that the reason there is no dispute resolution process in the residential schedule is based on the belief that there will be no conflicts if all we are talking about is the time the child spends with the parents (any conflicts of time i.e. a birthday vs. who has the child for the weekend - are addressed in the allocation of priorities that is included in both the parenting plan and residential schedule). The main point I want to get out in this blog article is for the reader to be aware of the fact that they are not required to “give up” his/her rights to participate in the decision making of his/her child. It may not be explained to you that you can have this right addressed in the court order that allocates the time of the child and if you only receive a “proposed” residential schedule, it will not be mentioned at all. While the use of the residential schedule may fit some situations, assuming there are no only issues with the parent(s) I suspect the use of a parenting plan (with the decision making provisions) is much better for most parents. __________________________________________________ This blog article is not intended to convey legal advice, but only address some of the general rules. Most legal issues, in family law cases, depend on the specific facts. Should you wish to discuss your particular situation with the Law Office of Thomas A. Chillquist, please call or email my office. I am a family law lawyer (divorce attorney) and I represent parties in family law, and divorce, matters in King and Pierce County, Washington, including Kent, Federal Way, Covington, Renton, SeaTac, Des Moines, Fife, Auburn, Seattle, Bellevue, Puyallup, Orting, Tacoma and Mercer Island. Copyright Thomas A. Chillquist
Posted on: Fri, 15 Aug 2014 21:58:09 +0000