A parenting plan is a key tool in cases of divorce or custody where the parents must agree on how they will be sharing their time and duties with their children.
This legal agreement outlines issues including physical and legal custody, parenting time, decision-making for the child, and how the parents will coordinate the child’s needs.
That is why in South Carolina, the role of a properly developed parenting plan must be considered.
This is a framework that assists in reducing the animosity between the parents, while at the same time protecting the interest of the child, especially after the parent’s separation or divorce.
Understanding Parenting Plans in South Carolina
A parenting plan is a legal document that outlines how the parents and the child will be cared for and how the decisions over the child shall be made in case the parents have separated or divorced.
The plan is aimed at giving direction on several facets of parenting to give stability to the child.
Elements of Parenting Plan
A comprehensive parenting plan typically includes the following components.
Custody Arrangements
Determines if the parents will have joint physical custody or if one parent will have physical custody with the other having a visitation schedule.
Visitation Schedules
The specific times and the frequency of access rights of the non-custodial parent regarding the child, including visitation, holidays, and other occasions.
Decision-Making Authority
Explains how decisions regarding the child’s education, medical care, religion, and other activities will be made, separately, together, or by one parent alone.
Communication Guidelines
Sets out how parents will be communicating with each other regarding the child custody, the frequency of the communication, etc.
Relocation Provisions
Concerns the procedure and circumstances under which a parent can move away with the child concerning the rights of the other parent.
The Process of Establishing a Parenting Plan
The process of establishing a parenting plan during a divorce or separation typically involves several steps.
Negotiation
The parenting plan is established through agreements made by parents themselves, with the help of their lawyers if needed. In them, the parties decide on issues to do with child custody, access, and parenting plans among others.
Mediation
In case of mediation, the parents cannot agree, there is an option of mediation instead of going to court. A third person is involved in the process and assists parents in reaching a compromise with the other.
Drafting the Plan
Once the agreement is made, the parenting plan is prepared and all the terms of the agreement are noted down. The plan should not only be clear and detailed but should also cover future possibilities to avert anarchy.
Court Submission and Approval
The parenting plan that is agreed to by both parties is then presented to the family court for approval. This is so because before the plan is incorporated into the divorce or custody order, the judge assesses if it is in the best interest of the child.
Implementation
The parenting plan is put into effect once it is approved by the court and both parents are legally bound by the provisions stated in the plan. Any alteration or amendment to the plan also requires the approval of the court to remain legal.
Why Modify a Parenting Plan?
Child custody arrangements are meant to offer consistency and direction for kids after the parents’ divorce or separation. But life is dynamic, and this comes with changes in events, which may require establishing or modifying a child support order.
Adjustment of a parenting plan helps the parents to change their circumstances while at the same time protecting the interest of the child.
Some of the Causes for Changing a Parenting Schedule
Events like losing a job, getting a new job that may require different schedule, or even a change in income status may affect the ability of a parent to strictly follow the set plan. Here are some main causes required to change the parenting plans.
Changes in Circumstances
In such cases, some changes can be required to make the parenting plan as reasonable and balanced for both parents as possible.
Relocation
If one parent has to relocate to a different town or state, for a job, family issues, or otherwise, the current visitation and physical custody arrangements may not hold.
There may be some changes to be made to the arrangement because of the distance and the child’s need to have close contact with both parents.
Changes in the Child’s Needs
That is why as children grow they become different in their needs and schedules. A child who is 5 years of age will need different care as compared to a teenager who is in school and has extracurricular activities.
Changes can be made to meet the child’s changing education, social, or medical requirements.
Parental Remarriage or New Relationships
Certain changes may occur in the family when a parent gets into a new relationship or marriage. This might cause a shift in their living status or modification of the parenting schedule to fit the new status.
Health Issues
Any change in the health status of the parent or child may require a modification of the parenting plan to capture how the child is going to be cared for. This might mean modifications in terms of child access and parenting time or even as regards the decision-making role.
Child’s Preference
As children grow older, they may express a preference for spending more time with one parent or altering their living arrangements. While the court will consider the child’s best interests, modifications may be made to accommodate their wishes if deemed appropriate.
Informal Agreements Between Parents
When some conditions alter, the original parenting schedule may not suit the family or the child anymore. In such circumstances, the parents are free to negotiate new arrangements that change the parenting plan without necessarily seeking the intervention of a court.
These agreements are consensual and are usually made to cater for change that is temporary or a slight deviation.
Informal agreements are usually reached by parents to avoid having to go through the legal process to work out the details of child custody and support.
How Parents Can Reach Informal Agreements
Parenting plans provide a basis for parents to change the provisions of the agreement through cooperation and negotiations. This process typically involves the following steps.
Open Communication
Both parents express the desire to change the situation and seek a solution that will be acceptable to all the parties including the child.
Mutual understanding with proper respect for each other is the crucial step when trying to make a decision that both sides would like to follow.
Mutual Agreement
When a solution is being reached the two parents accept the changes. This might entail alterations of the visiting rights, custody, and access, or the management of the child’s affairs.
Documentation
Despite the lack of formality, the changes should be recorded in writing, for instance by email or in a document that can be accessed by the two parties to avoid misunderstanding in the future.
Implementation
The new arrangement is implemented the moment, there is no court approval, which means that the parents can adapt quickly to new conditions.
Mediation and Collaborative Law as Alternatives
If parents want to change some aspects of the plan without seeking the help of the court, then mediation and collaborative law are the options available.
These methods enable the parents to sit and arrive at a common consensus on how to handle the children and other issues without recourse to the hostile court processes.
Mediation
Mediation ( Changing a Parenting Plan Without Going to Court ) is a process whereby the parents involve a third party referred to as a mediator to help in the discussion of the parenting plan.
The Role of a Mediator
It involves the parents sitting down and coming up with a decision on how best they would like to handle the situation with the help of the mediator.
Neutral Facilitator
The mediator does not favor one party to another or make any final decisions for the parents. They mediate the discussion in a manner that both parties get a chance to air their grievances and possible resolutions.
Focus on Cooperation
The mediator enables the parents to concentrate on the things that they both want, majorly the welfare of the child, and not on what they do not agree on.
Encouraging Compromise
The mediator helps to define the areas of consensus and to put pressure on the parents to agree on a solution that both of them can accept.
Collaborative Law
Another form of dispute resolution is collaborative law which also enables the parents to consult with their lawyers and other consultants, including child and financial consultants, to change their parenting plan. It is like mediation but is conducted in a team.
How Collaborative Law Works
Collaborative law offers a structured, non-adversarial approach to resolving disputes outside the courtroom. In the context of modifying a parenting plan, allows parents to work together with a team of professionals to reach an agreement that suits their family’s unique needs.
This method emphasizes cooperation, transparency, and a shared commitment to prioritizing the child’s best interests, making it an attractive alternative for parents who wish to avoid the stress and expense of court proceedings.
Commitment to Cooperation
The parents and their attorneys sign a participation agreement where they agree not to take their matters to court. In the case that the process reaches the court, then both lawyers have to step down from the case.
Team-Based Approach
Collaborative law is practiced by a team of professionals whose main role is to assist parents in coming to a resolution. This may include lawyers and lawyers, accountants, child custody evaluators, and mental health professionals.
Focus on the Future
The process focuses on the development of plans that will be beneficial to the child and feasible for both parents on a long-term basis.
Negotiation and Resolution
In some sessions, the collaborative team assists parents in establishing their goals and concerns, bargaining, and coming to a compromise.
Applying for a Consent Order
If both parents are willing to change some of the provisions of the parenting plan, they can do it by filing for a consent order.
Consent order refers to an order that is made in writing and which recasts the changes that have been agreed by the parties, and gives the changes the force of law without having to go through a hearing.
How to apply for a Consent Order
A consent order formalizes the agreement between both parties and provides legal enforceability without requiring a court hearing. This process ensures that the modifications are recognized by the court order and that both parents are obligated to adhere to the new terms.
Drafting the Agreement
When parents have agreed on the changes asexually as seen above, the changes are then put into writing in the form of an agreement.
This document should should indicate the proposed modifications of the initial parenting plan including changes in custody, visitation, or decision-making authority.
Legal Review
Although not obligatory, it is recommended for both parties to allow their attorneys to go through the document and make sure that it is both equitable and legal and that it is in the best interest of the child. This step can also avoid possible legal problems in the future.
In most cases, the parties will file the Agreement with the Court. Once the agreement is reached and signed by both parties it is presented to the family court as a consent order. The submission normally involves a petition or motion for the court to allow the changes.
Court Approval
The consent order is scrutinized to determine whether the changes are in the best interest of the child. If both parents agree with the changes, the court will approve the consent order without a hearing.
Enforceability
After being granted by the court, the consent order becomes a legal instrument and thus can be enforced in case of violation. If one parent refuses to stick to the new arrangements, then the other parent can approach the court for an order to be made.
When Court Involvement Becomes Necessary
Although most parenting plan changes can be resolved through negotiations or mediation, some circumstances require the intervention of the court.
In the case where the parents cannot decide on the changes, where there are changes in circumstances that ought to be addressed, or if the best interest of the child is at risk, the court in South Carolina may intervene.
Situations Requiring Court Involvement
While many parenting plan modifications can be handled amicably between parents, certain situations may necessitate court involvement to ensure that changes are legally enforceable and in the best interests of the child.
When disputes arise, significant life changes occur, or concerns about the child’s welfare emerge, the court may need to step in to make a fair and informed decision.
Disputes Between Parents
If the parents cannot agree on the changes that are required, one or the other may require legal assistance to get an order for change. This is often so in cases where the relationship between the parties has soured and an independent decision has to be made.
Significant Changes in Circumstances
Obvious reasons for a change in the physical schedules and arrangements may include a change in the employment status of one of the parents, a change in health needs, or educational requirements of the child, whereby the change may have to be approved by the court to ensure that the changes are in the best interest of the child.
Non-compliance with Informal Agreements
If one parent refuses to follow an informal agreement or if there is doubt as to how legally sound such agreements are, then going to court can offer a legal solution.
Don’t face the complexities of modifying a parenting plan alone. Contact Max Hyde Law Firm today and call us at (864) 804-6330 to schedule a free consultation. Our experienced family lawyers are here to guide you through the process and ensure that the modifications are in the best interests of your child and are legally sound.
