Major new laws governing parenting relationships are now in effect which have erased the old concepts of “custody” and “visitation”.  In their place are much broader and more flexible child-sharing ideas centered on “parenting plans”.  These co-parenting plans must be in writing and may be created by the parents themselves.  If they cannot reach an agreement, the court may appoint a psychologist to assist them or the judge can design the parenting plan for the parties.  This new approach to parenting is intended to create a much more functional father-mother team, if not a friendlier one.

A Parenting Plan is made up of two parts:  The first part is an agreement for “Shared Parental Responsibility” which, once approved by the court, is a relationship in which both parents retain their full rights and responsibilities with respect to their child.  They are required to confer with each other in arriving at major decisions concerning their child jointly.  Such matters include healthcare, school-related matters, and other activities including telephone and computer communication with the child, as well as daily tasks associated with the upbringing of the child.

The parties may divide their parental responsibilities between them  or the court, based on its view of the best interest of the child, may make the division of responsibilities for them.  If a parent has demonstrated an unwillingness to play a constructive role in putting together a plan, or has, through reputation or history, shown a lack of interest in child rearing, the court may assign the entire decision-making process to the other parent.  This is called “sole parental responsibility”.

A “Time-Sharing Schedule” is the second part of a Parenting Plan and must be included along with the agreement for Shared Parental Responsibility. The schedule has to specify the time, including overnights and holidays, which the minor child will spend with each parent.  If the parents draw up a plan they agree on, it is presented to the court for approval.  If they cannot reach an agreement, the court shall establish the time-sharing schedule for them.