This is part 5 of 8 of our series on what forms you need to file for temporary orders in your divorce case. Last week we went over the Sealed Financial Source Documents. Next week we’ll go over the Proposed Order of Child Support.

WHY YOU NEED IT

If you have children, one of the most critical components of your Motion for Temporary Orders is your proposed Temporary Parenting Plan.  Your proposed Temporary Parenting Plan will tell the court where and with which parent you believe the child should live on any given day of the week.

Each family’s Parenting Plan is different, but every Parenting Plan sets out a primary residential schedule for the divorcing parties’ child or children.  Some plans provide for the child(ren) to live with each parent on alternating weeks.  Others provide for the child(ren) to live primarily with one parent, while visiting with the other on weekends or alternating weekends.   Still other plans may limit one parent’s time with the children, and call for supervised visitation or make a parent’s visitation contingent on the parent’s participation in certain services like drug and alcohol or domestic violence counseling.

Each Parenting Plan also has provisions for the child’s schedule during school breaks, and major holidays such Thanksgiving, Christmas, and New Years, and on special occasions such as Mother’s Day, Father’s Day and birthdays.

A  Temporary Parenting Plan also designates one or both parents to make major decisions about the child.  Major decisions include non-emergency health care, education, and religious upbringing.  Many Parenting Plans also cover such decisions  as whether the child can obtain a driver’s license, serve in the military or marry before 18, get a cell phone or get her (or his) ears pierced.

Another provision of the Parenting Plan will state how you and your spouse will resolve disputes over parenting issues.  This will often be done through an alternative dispute resolution process such as mediation or arbitration, but may also be done through court action only.

When you file for a Temporary Plan, your own proposed Plan should cover all of these considerations.  And, as discussed in our article on your Motion and Declaration, you must explain to the court why your plan serves your child(ren)’s best interests.

So how does a court determine which Parenting Plan is in a kid’s best interests?  This determination, which is far from perfect or exacting, includes a consideration of numerous factors.  Some of these factors include with which parent the child spent the most time when the parents were together, which parent has performed most of the parenting functions (such as feeding and bathing the child, attending parent/teacher conferences, attending the child’s medical appointments, and/or helping with homework).  The court will consider the quality of the child’s relationship with each parent, and whether there are reasons to limit one parent’s time with the child.  The court will also consider practical and logistical matters such as which parent’s home is closest to the child’s current school, and how far one parent lives from the other.

Ultimately, after considering all of these factors (and more) the court will enter a Plan that it deems to be in the best interests of your child even if that plan differs from the plan that you or your spouse proposed.

WHERE TO GET IT

Like all pattern forms, a blank Temporary Parenting Plan can be downloaded from the Washington Pattern Court Forms website.

WHAT IT LOOKS LIKE

Check out a blank Temporary Parenting Plan here.