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Does this parenting agreement seem fair? I, father, currently have temp resid. custody and this is what I will propose in court

Leavenworth, KS |

MOTHER
From FRIDAY 6:00p.m. To 4:00p.m. SUNDAY
Up to 4 weeks a month (school year)
*Unless there is a school Holiday. If that is the case, she may get her at 6:00p.m. Thursday, if there is no school on Friday, or may have her until 4:00pm on Monday, if there is no school on Monday.

FATHER
From SUNDAY at 4:00p.m. To 6:00p.m. FRIDAY
EVERY WEEK (school year)
*Unless there is a school Holiday. If that is the case, he may have her until 6:00p.m. Thursday, if there is no school on Friday, or may not get her back until 4:00p.m. On Monday, if there is no school on Monday. Father may request to have child one weekend out of the month.

Parents will alternate holidays by even year, odd year. Winter break is split in half every year. Summer Vacation will be split in half every year. Mother will have child for a 1 1/2 weeks at a time, same for the Father. This will end August 1st. BIRTHDAY-CHILD 8/26 – If her birthday lands during the week, then father will have her, due to school. Mother will have the opportunity to get child on her birthday to take her out, if arrangements are made ahead of time, and as long as she is returned by 8:30 p.m. or on the weekend. If it is on a weekend day, one parent will have day of birthday and the other parent will have the day before/the day after, every other year. The exchange of child will take place at the halfway point for both parents at this time. There will be no driving 100% of the way to the other parent’s house. If Mother can’t to get child on Friday, then she foregoes her weekend. When filing taxes, Mother will have odd years and Father will have even years.

Attorney Answers 1

Posted

The Court is not going to be looking at whether the parenting plan is "fair", but rather, whether the plan is in the best interests of the children involved. Is the schedule described the schedule which will be best for the children? There is nothing about this parenting plan that seems abnormal or immediately concerning. Compared to many plans, it provides a generous summer schedule for the non-residential parent. Depending on the age of the kids, 5 days could be considered a long time during the school year for the non-residential parent to go without any face-to-face contact. Typically the rule of thumb is the younger the child, the more frequent the contact should be. That could be resolved by throwing in a Wednesday night dinner (depending on distance between residences). If distance is an issue, maybe you could include a scheduled Skype session on Wednesday night, or provide for phone contact in your proposed parenting plan.

This answer does not constitute legal advice and does not establish an attorney-client relationship.

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Posted

The mother does live about an hour away from us, so I didn't think that the Wednesday night would work out. I don't believe that she would make a point to make sure that she were taken to school the following day. She is going to 5 in August, I the father will have her in my custody for kindergarten. She is allowed to call and talk to her at any time. I was unable to put my whole plan on here, due to it being too long, but it does include that the child may contact either parent between the hours of 12am and 12pm. I don't want to sound like the bad parent, but I feel like I am being way to generous on how much time I am giving the mother. Her house and her self are unfit for my child to be in her care. Her apartment, in her moms basement, is trashed and infested with mice. She does drugs and has numerous men around my daughter, and my daughter has even told me that shes seen her mom on top of guys under the blanket doing stuff, while she is in the same room watching a movie. So when you say that the summer schedule is generous for non-residential parent, should I make it not as long of time spans with mother? From what I have read, other plans have it to where the summer should be split or that the non-residential parent should have up to 30 consecutive days. And also, my daughter is currently in preschool, and her mother chooses to not contact her at all during the week. It seems to be that my daughter's grandmother is the only one that makes an effort to get her. She is the only one that contacts me when it is time for her to go there, but I don't hear from her mother, and her grandmother is the only one that meets me most of the time. Mom doesnt have her own car, so she has to depend on mom, but you would think she would at least be with her when she gets her. She doesnt have a job, so she doesnt have anything going on that is more important than getting her daughter back!

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