Family Law & Divorce · Haute Lawyer Network
What Is a Parenting Plan?
Last reviewed: June 2026
A parenting plan — also called a custody agreement or parenting agreement — is a written document that details how divorced or separated parents will share time with their children and make decisions about their upbringing. Most states require parents to submit a parenting plan as part of any divorce or separation involving minor children.
A detailed, thoughtful parenting plan reduces conflict by addressing potential areas of disagreement in advance. Parents who negotiate their own parenting plan typically have better compliance and less post-divorce litigation than those whose plan is imposed by a court.
What a Parenting Plan Should Include
Physical custody schedule — the specific schedule for where the child lives each day, including weekdays, weekends, and alternating arrangements. The more specific, the better.
Holiday and vacation schedule — how major holidays, school breaks, and vacations are divided or alternated. This is often the most contentious part of a parenting plan and benefits from addressing every holiday explicitly.
Legal custody — which parent makes major decisions about education, healthcare, religion, and extracurricular activities, and how disagreements are resolved.
Transportation — who provides transportation for exchanges, where exchanges occur, and who is responsible for transportation costs for extracurricular activities.
Communication — how parents communicate with each other about the child, the preferred method and response time expectations, and whether a co-parenting app will be used.
Dispute resolution — how conflicts about the parenting plan will be resolved — through mediation, a parenting coordinator, or court.
Modification procedures — under what circumstances the plan can be modified and what process will be followed.
Healthcare and school — which parent has the child's health insurance, how uncovered medical expenses are shared, and which parent is primary contact with the school.
Frequently Asked Questions
Can a parenting plan be modified after it is entered?
Yes. Either parent can petition the court to modify a parenting plan when there has been a substantial change in circumstances — a parent relocating, a significant change in the child's needs, or evidence that the current plan is not working.
What happens if a parent does not follow the parenting plan?
Violations of a court-approved parenting plan can result in contempt of court proceedings, make-up parenting time, and modification of custody arrangements. Repeated willful violations can affect future custody determinations.
What is a right of first refusal in a parenting plan?
A right of first refusal provision requires that before either parent uses a third-party caregiver for more than a specified period — such as more than four hours — they must first offer the other parent the opportunity to care for the child. This keeps the child with a parent rather than a babysitter when the scheduled parent is unavailable.
Should I use an attorney to help draft a parenting plan?
An attorney familiar with your state's laws can identify provisions you might overlook and ensure the plan addresses your specific circumstances. Mediators who specialize in parenting plans are also helpful for parents who want to negotiate cooperatively.
What is a parallel parenting plan?
A parallel parenting plan is designed for high-conflict situations where co-parenting — cooperative decision-making — is not feasible. It minimizes contact between parents by giving each parent autonomous decision-making authority in their own domain, reducing opportunities for conflict.
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