Virginia Cornwell is a Franklin County Family Law Attorney and an OSBA Certified Family Relations Specialist.
As the old saying goes, an ounce of prevention is worth a pound of cure. Likewise, a well drafted parenting order (sole custody) or shared parenting plan (shared parenting) can avoid a multitude of problems. What this means is that a parenting decree or shared parenting plan which anticipates problems and deals with them in advance can make for long term success in the co-parenting relationship and perhaps avoid the parties having to go back to court after the first decree.
CALL NOW at (614) 225-9316
The parties to a parenting decree (order) or shared parenting plan are going to be parenting together until the child turns 18. That is a long time with a lot of possibility for change. Although courts tend to want to make orders that only deal with the situation in front of the court as it exist today, by agreement, the parties can put terms into their decree or shared parenting plan that address possible future changes. The most notable example of such a change would be a move. Another example would be adding language that says that the person paying child support can only claim the child as a tax dependent if they are current in their child support obligation.
CALL NOW at (614) 225-9316
Beyond just the big things, sometimes it can be helpful to address the little things in advance, in order to remove the other parent’s incentive to fool around with parenting time. For example, it may be a good idea to put specific provisions in your parenting plan stating what will happen if the child is sick? How sick does the child need to be for parenting time to be rescheduled? When will it be made up? If you it to be clear that either parent is capable of caring for a sick child, and parenting time will not be missed for illness, absent the agreement of the parties, in writing (text message), then your parenting plan should say that. If your ex has a history of denying you parenting time on this basis, you want very specific language in your parenting plan.
CALL NOW at (614) 225-9316
If your ex has a habit of failing to appear for his or her parenting time, you may want a provision that states that if he or she has not appeared for three parenting times in a row, they do not have parenting time unless they give two weeks notice.
These are just a few examples of how a well crafted plan or order can deal with parenting troubles, and help to minimize conflict by providing the solution in advance.
CALL NOW at (614) 225-9316
Need some help? We would be happy to schedule a consultation with you. Please give us a call, and one of our Family Law Attorneys will meet with you to discuss your case.
Virginia Cornwell is an Ohio State Bar Association Certified Family Relations Specialist.
DISCLAIMER – Read it, it’s important!
L says
My husband and I took my unmarried step daughter to court for custody of our 11yr granddaughter. We did not get custody, but we were given visitation/companionship. it says “by agreement of the parties” if there is no agreement GP’s shall have v&c per local court schedule as if they were the non-residential parent/father. Mother want visits to be open and flexible for her daughter, but I don’t like my step daughter & don’t want to deal with her. Mother said our granddaughter could visit anytime and frequently and that she too wants to visit, but I insisted on the court schedule. Now, do I get all the same parental rights as the mother since we are following the online court schedule? I don’t have to tell her where her daughter is if I let our granddaughter go w/someone else for the weekend do I? She says she has fundamental parental rights, but I told her I have all the same rights she does because we are considered the non-residential parent. She won’t agree. She says we only have the right to visit and that her authority of sole custody supersedes my rights even when her daughter is with us. Sometimes it’s hard to get a ride over to get my granddaughter so the mother should accommodate us. Mother keeps saying if I demand the schedule then we need to stick to the schedule. She said we can’t have it both ways: a structured schedule and then want to pick up earlier, later or drop off later and it can’t just be flexible when it’s “her time”. She said I shouldn’t demand a fixed schedule if I want different times with our granddaughter. I told her the court will not like that she won’t give me more time outside the guidelines of the court schedule. I asked her why we can’t have both. We let her share our birthday yr (her daughters bday) with her and we let her see her daughter on her (moms bday) birthday even though it was our Wednesday, we let mother go trick or treating with us eventhough it was our year, but she doesn’t give us extra time/days outside of the guidelines of the standard schedule. If I take her back to court will a judge make her give stop asking me for information about her daughter and let us have our granddaughter more than the schedule? Also, she said my husband or myself need to be present at pick up even if someone else drives. She said if we demand the schedule, we need to be available for the scheduled times and not let other people pick up our granddaughter so they can visit with her too. I think she is being difficult and selfish. I don’t drive so I should be able to let anyone I want go get my granddaughter. I don’t work, but I have friends I visit a lot so If I can’t make it back home in time and my husband is working, my niece, or son should get to enjoy visits with their cousin right? We are all the same family and our granddaughter likes hanging out with other family too.
C says
Hello
I filed contempt on my child’s mother for refusal to let me see our child, I agreed to drop the contempt if our visitation went back to the way it was AND I would be able to have my daughter Christmas and drop her home to her mother the next day the 26th…The mother and I have always alternated Christmas day. We would have our child for the whole day and then drop her off the next day.The mother along with her lawyer agreed to these terms and I dropped the contempt I filed on her. This was all done in front of the judge. The mother now is saying that she never agreed to these terms and is saying that I cannot have our daughter for the full Christmas day. This agreement saw done in court, in front of a judge, my question is do I have a case to refile contempt on her since she lied to an agreement in court?