How To Create A Parenting Plan In Oregon
What is a parenting plan?
A parenting plan is a written document that is either incorporated into or written into your Judgment that defines critical aspects of a child’s life, largely pertaining to their schedule.
Oregon law (ORS 107.102) requires a parenting plan in court cases involving children. The parenting plan may be general or detailed. It must say how much parenting time, at a minimum, the children will spend with each parent.
The details covered in a parenting plan not only include things like parenting time (the specific time that a child spends with each parent), it will also include provisions related to decision making for the child (also referred to as custody) and specific provisions related to logistics of making the parenting plan work (transportation, exchange times, information sharing and access, relocation of parents, telephone access, methods for resolving disputes, etc.).
Parenting plans should create consistency in the child’s life as well as to create clear communication expectations between parents regarding their child’s shared calendar.
What is included in a parenting plan?
Because custody decisions are also being made for the child, the parenting plan will go into detail about how day-to-day decisions and major life decisions will be made.
In cases where one parent has sole custody, the parenting plan will establish who is the custodial parent and identify whether they should consult or notify the other parent when making certain decisions.
The parenting plan must include a statutory notice that requires each party to notify the other parent if they intend to move more than 60 miles away from the other parent (ORS 107.159).
Of course, parenting plans cannot cover every detail of a child’s life, and the court encourages both parents to refer to it frequently if and when questions arise, and to request amendments to it when their child’s needs change.
Why are parenting plans good for children?
Parenting plans are good for the children and for the parents. The benefits of a clearly defined parenting plan include:
Consistency — a consistent, predictable schedule is beneficial to all parties, and encourages both parents to regularly spend time with their children
A parenting plan sets clear expectations for both parents and is designed to reduce the confusion that parents could otherwise have without a clearcut plan
In an ideal scenario, a parenting plan can help limit the disagreements parents might have about the child’s schedule
Relatedly, a parenting plan can help both parents feel more involved in their child’s life
What should I think about when creating a parenting plan?
First, it’s important to remember that everyone’s lives are a little different, and that because of that, all parenting plans are going to be a little different, too.
The state provides forms that will help you and your co-parent define your different relationships with your child, your understanding of their needs, how they respond to different situations, and how you relate to your child’s other parent. These questions are designed to help you create the best possible plan for your child.
The most important thing to focus on is what is best for your child.
Staying focused on your child’s best interests can be helpful in reducing the conflicts that sometimes occur while creating these plans. While you can’t control your co-parent’s behavior, being mindful of the purpose behind your parenting plan can help you both create the best plan for your child and their unique needs.
The court encourages all parents to focus on what is working between you and your co-parent to encourage better communication and decision making, as well as determining what might not be working so you can come to solutions that support your child’s needs.
Does my parenting plan need to be filed with the court?
Not all parenting plans are required to be filed with the court. Some parents are able to create plans together, sign them, and hold onto personal copies with little issue in following its contents.
However, some agreements aren’t always so easy to reach, nor maintain. Sometimes, consensus can be difficult to find, and a parent must file a legal action in order to establish and/or enforce a parenting plan.
You can hire an attorney to help you with this, or you can use resources provided by the court in order to get your parenting plan filed. They can also direct you to lower-cost legal support in cases of financial hardship.
Can a parenting plan be changed?
Sometimes parenting plans are created quickly in order to provide the Oregon Child Support Program with information that the agency needs to create a child support calculation.
You and your child’s other parent can provide OCSP with a new signed agreement, or you will need to file the request for modification with the court. If the court deems the changes to be in the best interest of the child, they may grant you the modification.
If you’re in a situation where you’re seeking modification to the parenting plan but your co-parent won’t agree, then you can file a motion to modify the parenting plan with the Court if you are unable to first initiate a mediation or mediation is not successful.
I’m concerned about my and my child’s safety? What should I do?
The court does provide resources for those parents in situations of domestic violence. This will give you different options when it comes to exchanging the child, appropriate communication, as well as options regarding visitation.
To learn more about your options when creating a parenting plan, please contact DBMA Family Law today for your confidential consultation.