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

Asked 7 months ago - Leavenworth, KS

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.

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.

Additional information

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)

  1. Kelli Nicole Cooper


    Contributor Level 5

    Answered . 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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