During a divorce, there are many issues to be addressed – but for most parents, none are more important than those involving their children. It’s understandable that during this process, you’ll want to do all you can to ensure that your children are supported and loved, and that you make the best plans for their well-being and their future. Often, an important part of that is working with your spouse to create a comprehensive and effective parenting plan. Let’s take a closer look at what a parenting plan is and how it typically works in a North Carolina family court.
What is a Parenting Plan?
In North Carolina, a parenting plan is a written agreement that sets forth custody arrangements and other arrangements between two parents for raising their children after a divorce. These agreements can be negotiated and entered into by the parties or ordered by the court.
It’s understandable that during this process, you want to ensure your children feel supported and loved. You also want to make the best possible plans for their well-being and future.
A parenting plan will often include:
- The custody arrangement between the parties
- Guidelines for how important decisions involving the children will be made
- Guidelines for effective communication
- How disputes will be resolved if they arise
- Other elements that the attorneys and parties may consider necessary.
A clear parenting plan can help co-parents avoid confusion and reduce future conflict. It also helps ensure everyone understands the expectations moving forward.
One of the more complex elements of a parenting plan is deciding which particular custody arrangement a couple will use. Let’s take a closer look at how North Carolina law defines custody and some commonly used arrangements.
What Types of Custody are Recognized in North Carolina?
In North Carolina, as in many other states, there are two primary types of custody. These include:
Physical Custody
As it sounds, physical custody concerns the actual physical location of the children – that is, the parent whose home they are residing in.
Legal Custody
The authority each parent has to make important decisions regarding a child’s upbringing and welfare. These may include decisions about education, medical care, religious instruction, extracurricular activities, and more.
In many cases, parents share a combination of legal and physical custody. However, it is certainly possible for one parent to have physical custody of the children for the majority of the time while both parents share joint legal custody.
Often, whether a parent has physical custody depends on a variety of factors, including the parent’s location and their work and other activities that may interfere with their parenting time. As a result, if one parent lives far away or has a very demanding job, the other parent may have primary physical custody while the parties share joint legal custody.
A Closer Look at Common Custody Arrangements
If a couple negotiates and decides on a custody agreement together, there are a number of arrangements to choose from. A few of the most popular include:
- Alternating weeks: In this arrangement, one parent has the children one week and the other the next, with exchanges typically happening on Sundays. This arrangement usually works best when the parents live fairly close together, and the children can be exchanged without much driving or difficulty.
- 2-2-3: Like an alternating weekly exchange, a 2-2-3 arrangement typically works best when the parents live close to one another and can make exchanges easily. In this arrangement, one parent has the child for two days, the other parent for the next two days, and then the first parent for the next three days, and so forth. One advantage of this agreement is that the parents never have to go very long without seeing their children.
- Summers and holidays: This is a custody arrangement that is often ideal for parents who live far apart from one another. Under this arrangement, one parent typically has the children during the school year, and the other has them over the summer and during major holiday breaks.
These are only a few examples of many potential arrangements. Finding what works best for your family will require open communication with your spouse and a willingness to cooperate and compromise to reach an agreement that satisfies everyone involved.
Do You Have to Litigate Custody Issues in Court?
As we’ve discussed, a parenting plan can be negotiated by a couple or ordered by a court. Couples are not required to go to court – in fact, they are increasingly choosing not to. Litigation in court can be stressful, time-consuming, and expensive, and there are a number of methods available for working together to find solutions to your issues in a neutral, out-of-court setting.
One of the many advantages of negotiating and creating a custody arrangement out of court is that a couple truly has the freedom and flexibility to create any arrangement that works best for their family. After all, not even the best judge knows your family or understands your children’s needs and routines the way you do.
Another of the many advantages of negotiating an agreement outside of court is that if the agreement ever needs to be changed, the parties can do so as long as both agree. If an arrangement was initially drafted outside of court, it can be modified outside of court as well. All that is necessary is for the parties to meet, discuss, and agree on a new arrangement, which they will then draft and sign, binding them from that point forward.
It’s also important to know that you can negotiate an agreement outside of court, and then submit it to the court for approval. This is often known as a “consent order.” This is often preferred by couples who want the enforceability of a court order without having to actually litigate their issues in court, and it is certainly a valid option. Talking with your attorney regarding your particular circumstances and what might be best is always advised.
The Law Office of Dustin McCrary – We Are Here To Help
At The Law Office of Dustin McCrary, we know that when you’re in the midst of a divorce, there are no issues more important than those involving your children. It only makes sense that you want to do all you can to understand those issues and ensure you’re making the best decisions for your family and your future. We’re here to help you do that. We understand every aspect of the divorce process, including the nuances of child custody matters. Wherever you find yourself on this journey, we’ll meet you there. We’ll walk with you each step of the way toward a better chapter ahead. If you’re ready to take the first step today, give us a call. We look forward to speaking with you soon.