Parenting Plan - Factors
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In Utah there are certain objectives that the court considers as important when deciding what the parenting plan should be;
1) Provide for the child’s physical care;
2) Maintain the child’s emotional stability
3) Provide for the child’s changing needs as the child grows and matures in a way that minimizes the need for future modifications to the parenting plan
4) Minimize the child’s exposure to harmful parental conflict
5) Encourage the parents, where appropriated to meet the responsibilities to their minor children through agreements in the parenting plan rather than relying on judicial intervention
6) Protect the best interests of the child
When creating or deciding what the parenting plan should be you need to also provide a provision for how a future conflict would be dealt with. Such provisions could be mediation, a special master, counseling, or simply court intervention.
“Provide for the child’s physical care” – If you are going to go to court you will need to show this is the case. Remember it is physical care. This goes to a stable home, good environment, proper grooming, and making sure that the physical needs including their medical well being is taken care of and attended to.
“Maintain the Child’s Emotional Stability” – If you go to court or if you are arguing about this at mediation remember it is emotional in nature. You will need to show that the emotional stability you could or do provide is better than your ex-spouse. You may need to call witnesses that prove that you are and that your spouse is either not as good as you, or that your stability is better.
Your children as you know are always changing. With the next prong the court will be looking at your ability to adapt. There are times when your children will want to spend more time with your ex-spouse in healthy post divorce life. The court will be looking to see if you are able to adapt to those situations without the courts involvement.
As always, the court will be looking out for the best interest of the child. Make sure this is paramount in all discussions or settlements. The court will always keep this in mind and will be looking to accomplish such.
