Unfortunately, the majority of couples may find that one of the most difficult parts of their divorce is realizing that they may not see their child every day. As a result, custody agreements are often the most contentious part of divorce in New York. If you and your spouse have decided to divorce, understanding what a parenting plan is, what information is included, and how to create one is critical to prepare for this process. The following blog explores what you should know about these matters, including the importance of working with a Long Island child custody lawyer to discuss your legal options during these times.
What Information Is Included in a Parenting Plan?
When a couple gets divorced, but they share a child, creating a schedule of when each parent can spend time with the child is critical for several reasons. Not only does this ensure that there is a predetermined time in which each parent has custody or visitation with the child, but it also helps the child. Divorce can be difficult for children, but having a schedule can help them create clear expectations and consistency, as children tend to thrive in routine.
In addition to determining when each parent will spend time with the child, a parenting plan can also include guidelines for each parent regarding decision making, introducing new partners, last-minute changes, and even how the parents communicate with each other.
How Do I Create One?
There are generally two ways in which you can create a parenting plan in New York. If you and your spouse are on amicable or civil terms, you may be able to work out an agreement among yourselves as to when each parent will spend time with the child.
However, if you and your spouse cannot reach an agreement, you’ll likely require court intervention. As such, the court will examine several circumstances when determining how to divide custody between you and your spouse. In general, the courts adhere to the child’s best interest standard when making decisions. Additionally, the courts will typically try to award joint custody as they believe it is best for the child. However, there may be factors that change this matter. For example, the court will look at matters like the willingness of each parent to work together, allegations of abuse, job demands, and where each parent lives in relation to one another.
Creating a parenting plan is often a complicated matter, as both parents may feel entitled to spend as much time as possible with the child. However, working with an experienced attorney from the Law Offices of Jay D. Raxenberg, P.C., is in your best interest. Our firm can examine your circumstances to determine the best course of action to help you fight for the best possible outcome. Contact us today to learn how we can assist you through these difficult matters.