Objectives of Parenting Plans
The objectives of a parenting plan are to: (1) provide for the child's physical care; (2) maintain the child's emotional stability; (3) provide for the child's changing needs as the child grows and matures in a way that minimizes the need for future modifications to the parenting plan; (4) set forth the authority and responsibilities of each parent with respect to the child consistent with the definitions outlined in this chapter; (5) minimize the child's exposure to harmful parental conflict; (6) encourage the parents, where appropriate, to meet the responsibilities to their minor children through agreements in the parenting plan rather than relying on judicial intervention; and (7) protect the best interests of the child.
Under Utah law, a parenting plan is required to contain provisions for resolution of future disputes between the parents, allocation of decision-making authority, and residential provisions for the child, and provisions addressing notice and parent-time responsibilities in the event of the relocation of either party. A parenting plan may also contain provisions concerning the welfare of the child.
Utah law also requires a parenting plan to contain a process for resolving disputes precluded or limited by statute. A dispute resolution process may include counseling; mediation or arbitration by a specified individual or agency; or court action. In the dispute resolution process, preference shall be given to the provisions in the parenting plan; parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support, unless an emergency exists; a written record shall be prepared of any agreement reached in counseling or mediation and provided to each party; if arbitration becomes necessary, a written record shall be prepared and a copy of the arbitration award shall be provided to each party; if the court finds that a parent has used or frustrated the dispute resolution process without good reason, the court may award attorney's fees and financial sanctions to the prevailing parent; and the district court shall have the right of review from the dispute resolution process.
The parenting plan is also required to allocate decision-making authority to one or both parties regarding the children's education, health care, and religious upbringing. The parties may incorporate an agreement related to the care and growth of the children in these specified areas or in other areas into their plan, consistent with the criteria outlined by Utah law. Regardless of the allocation of decision-making in the parenting plan, either parent may make emergency decisions affecting the health or safety of the child.
Each parent may make decisions regarding the day-to-day care and control of the child while the child is residing with that parent. When mutual decision-making is designated but cannot be achieved, the parties shall make a good faith effort to resolve the issue through the dispute resolution process.
The plan shall include a residential schedule which designates in which parent's home each minor child shall reside on given days of the year, including provisions for holidays, birthdays of family members, vacations, and other special occasions.
If a parent fails to comply with a provision of the parenting plan or a child support order, the other parent's obligations under the parenting plan or the child support order are not affected. Failure to comply with a provision of the parenting plan or a child support order may result in a finding of contempt of court.
Posted By Greg Stevens In Parenting Plans Permalink 0 Comments
Purpose of Parenting Plans
A "parenting plan" is a plan for parenting a child, including allocation of parenting functions, which is incorporated in any final decree or decree of modification including an action for dissolution of marriage, annulment, legal separation, or paternity.
"Parenting functions" means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the child. Parenting functions include: (a) maintaining a loving, stable, consistent, and nurturing relationship with the child; (b) attending to the daily needs of the child, such as feeding, clothing, physical care, grooming, supervision, health care, day care, and engaging in other activities which are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family; (c) attending to adequate education for the child, including remedial or other education essential to the best interest of the child; (d) assisting the child in developing and maintaining appropriate interpersonal relationships; (e) exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and family social and economic circumstances; and (f) providing for the financial support of the child.
Posted By Greg Stevens In Parenting Plans Permalink 0 Comments