Creating a Parent Plan

PARENTING PLANS -- THE REQUIREMENTS

When developing a parenting plan as now required by U.C.A 30-3-10.2 thru 10.9, one should make certain that the proposed plan:

Addresses all of the statutory requirements;
Is reasonable -- it presumptively recognizes what is best for the child given normal parent-child relationships;
Is workable -- given the personal dynamics of the divorcing parents.

Proposed parenting plans are required from "any party" requesting any form of joint custody or shared parenting arrangement. It is to be filed with the original petition or with any responsive pleading requesting the joint arrangement. 30-3-10.8 (1),(2).

A party who does not file a plan may be defaulted. 30-3-10.8 (3).
The plan must be accompanied by a verified statement from the parent that the plan is proposed in good faith. 30-3-10.8 (5)
If stipulated, a verified plan may be filed and signed by both parties. 30-3-10.8 (6)
If inconsistent plans are filed, the court may appoint a guardian ad litem who may file yet a third parenting plan. 30-3-10.8 (7)

IMPORTANT: The statute places heavy emphasis on non-judicial means of resolving disputes involving the children. Except for financial issues or unless an emergency exists, parents are required to use some designated alternative dispute resolution process such as counseling, mediation, arbitration or using a special master, to resolve disputes relating to their parenting plan before submitting those disputes to the court. A written record of any agreement in counseling or mediation, or the written decision in arbitration or by a Special Master shall have binding power on the parties with a "right of review" vested with the Court.

It should be kept in mind that a Court may order joint legal or physical custody only after it considers these factors:

Whether the physical, psychological, and emotional needs and developments of the child will benefit;
Whether the parents have the ability to give first priority to the welfare of the child and reach shared decisions in the child's best interest;
Whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent;
Whether both parents participated in raising the child before the divorce;
Whether the parents are mature enough and have a willingness and ability to protect the child from conflict that may arise between the parents;
Whether the child has a preference as to joint custody, assuming the child is of sufficient age and capacity to reason so as to form an intelligent preference;
The geographical proximity of the homes of the parents.

These factors seem to suggest that parents are going to have an average or better ability to communicate with each other as it relates to their children. Absent that, a Court should not order joint custody of any kind. It would also appear that if a Court orders joint custody against the wishes of either party, findings would have to be entered on each of these factors to survive appellate review.

The suggestions contained in the sample parenting plan anticipate that the parents will have common goals regarding their children and will work together to achieve those goals. These suggestions can easily be modified to meet clients' individual needs and concerns. There are two alternative sample parent plans listed below as attachments. Either can be downloaded and easily modified fit each families special needs and concerns.Â The suggestions contained in these plans anticipate that parents will have common goals regarding their children and will work together to achieve those goals.

NOTE: Parenting plans are not intended to be adversarial pleadings but honest attempts at creating a plan that prevents children from becoming additional victims in the litigated divorce process.