Parenting Plans: What They Usually Cover

When parents separate or divorce, they need a way to share the care of their children. In many states, that arrangement is written down in a parenting plan. Some states require one in every custody case, and some call it something else, such as a custody agreement or parenting schedule. This guide explains what parenting plans usually cover and how courts tend to use them. It is a general list of topics, not a template, and it cannot tell you what belongs in your plan.

What a parenting plan is

A parenting plan is a written document that describes how parents will care for their children after they separate. It usually covers two big areas:

• Time. Where the children live and when they are with each parent.
• Decisions. Who makes major decisions about the children's lives, and how.

Parents can often create a plan together, sometimes with help from a mediator or their lawyers. If they cannot agree, the judge decides. When a judge approves a plan or signs an order based on it, the plan generally becomes a court order that both parents must follow.

Custody cases are handled by state courts. The USAGov courts page lists family court among the state and territory courts and links to the courts that serve your area. Each state has its own standards, forms, and terms.

Topics many plans cover

Regular schedule

The plan usually describes the ordinary week or month: which days and nights the children spend with each parent. Some plans split time evenly. Others give one parent most school nights and the other parent weekends or longer blocks. The right schedule depends on the children's ages, the parents' work, the distance between homes, and many other details.

Holidays, birthdays, and school breaks

Holidays are a common source of conflict, so many plans address them in detail. A plan might alternate holidays by year, split a holiday into two parts, or assign certain days to each parent. Summer and winter breaks, birthdays, and family events are often included.

Decision-making

Plans often say who makes major decisions, such as those about:

• Education and school choice.
• Non-emergency health care.
• Religious upbringing.
• Activities and travel.

Some plans give both parents a shared say. Others give one parent the final word in certain areas. Day-to-day decisions are usually made by the parent who has the children at the time.

Exchanges and transportation

Where and when the children move between homes, who drives, and what happens if someone is late. Some plans name a neutral place for exchanges.

Communication

How parents will talk to each other about the children, for example by text, email, or a co-parenting app. Plans may also address how the children can contact the parent they are not with.

Travel and moving

Many plans say how much notice a parent must give before travelling with the children, especially out of state or abroad, and what happens if a parent wants to move. Relocation is often governed by state law as well as the plan.

Resolving disagreements

Some plans require parents to try mediation or another process before returning to court, except in emergencies.

Changes over time

A plan may build in changes as children grow, such as a different schedule when a child starts school.

How courts look at plans

Courts generally make custody decisions based on the best interests of the child. Each state defines the factors a judge considers. Even when parents agree on a plan, a judge may review it to make sure it fits that standard.

If there has been domestic violence, abuse, or substance misuse, the plan may include safety terms, such as supervised visits or limits on contact. If you have safety concerns, tell your lawyer and the court.

Changing a parenting plan

Children's needs change, and so do parents' lives. Parents can often agree to change a plan, but an informal agreement may not change the court order. To make a change enforceable, parents usually need to file it with the court. If they disagree, one parent may ask the court to modify the plan. State law decides when a court will change custody or parenting time.

Child support is related but separate

Parenting time and child support are connected in many states, because the schedule can affect the support calculation. But support is usually handled under separate rules. The USAGov child support page explains that state or tribal child support agencies can help you get, change, or enforce a support order.

Getting help

A family lawyer can help draft or review a plan, explain your state's factors, and represent you in court. Browse family law attorneys or read more of our guides on legal topics. The USAGov legal aid page lists free and low-cost legal help, including Law Help Interactive, which helps people fill out some forms, including visitation forms.

Frequently asked questions

Do I need a lawyer to make a parenting plan?

Not always. Some parents use court forms or mediation. A lawyer can review a plan before you sign it, which can help you avoid gaps.

Is a parenting plan binding?

Once a judge approves it or makes it part of a court order, it is generally binding on both parents.

Can the children choose where to live?

Many states let a judge consider a child's wishes, especially an older child's, but the judge usually makes the final decision.

What if the other parent does not follow the plan?

Keep notes and talk to a lawyer. Courts have ways to enforce orders, and the right step depends on the situation.

This page is general information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.