Georgia law requires parents living separately to develop a parenting plan. The plan must describe in detail how the parents intend to divide responsibility for raising their children. Your parenting plan will have a huge impact on you, your co-parent, and your children.
When you are creating a parenting plan in Marietta, consult a family law attorney at our firm for help. A judge must approve your parenting plan, so it is best to work with a legal professional to ensure it meets all legal requirements.
Judges in Georgia family courts presume that it is in a child’s best interest to have a meaningful relationship with both their parents. There is also a presumption that both parents should have a say in major decisions affecting their children. A member of our Marietta legal team can explain how these presumptions apply when developing a parenting plan.
The Official Code of Georgia § 19-9-1(2) describes the contents of a parenting plan. An acceptable plan must indicate which parent the children will be with each day of the year and designate where the children will spend every holiday the family observes. The plan must include transportation arrangements, including which parent is responsible for transportation, where and when exchanges of the children will occur, and who will pay the transportation costs.
Parents must also address legal custody, which is decision-making authority. Georgia law states that each parent may make day-to-day decisions when the children are in their physical custody. However, the parents must decide how they will share responsibility for decisions concerning the children’s medical treatment, education, and religion.
There is much more to co-parenting than deciding how much time each parent will have with the children. An effective parenting plan will include other critical elements.
When parents will be sharing decision-making responsibility, the plan should include a mechanism for resolving disputes. Parents can agree to give the final word on a particular issue to one parent, plan to work with a mediator or family counselor to help them reach consensus, or choose another method that works for them.
Parenting plans can also include ground rules for the parents. These rules can address questions such as whether third parties can be present when a parent has parenting time or whether smoking or drinking in the children’s presence is acceptable. An experienced member of our Marietta family law team can help parents anticipate issues that might come up and address them in the parenting plan.
Parents are often able to put aside their differences and work cooperatively to develop a joint parenting plan. Many parents find working with a mediator helpful in keeping negotiations focused on the children’s best interests. A joint plan allows parents to craft an arrangement that is practical and workable in their specific circumstances.
Even when parents submit a joint plan, a family court judge will review it to ensure it furthers the children’s best interests. It is advisable for parents to have a Marietta legal professional review a joint parenting plan before submission to ensure it meets the best interests standard.
When parents cannot agree, each will develop and submit their own plan. A family court judge will review each plan and select the one they feel supports the children’s best interests. A judge might substitute their own plan if they feel that the plans the parents submitted do not reflect the children’s best interests.
Creating a parenting plan in Marietta is one of the most impactful things you will ever do. Your parenting plan will govern your relationship with your co-parent and your children for years to come.
A member of our Marietta family law team can provide sound advice regarding your parenting plan. Reach out today to schedule an interview with our intake team.