The Considerations Behind Various Commonly Utilized Parenting Plans

Choosing the right parenting plan after separation or divorce involves balancing the child's best interests with practical considerations for both parents. Understanding how different arrangements impact child support can help parents make informed decisions and ensure that their child's needs are met.

CUSTODY

In New Jersey, the goal of any custody agreement is to create stable, nurturing environments for children. Parents are encouraged to share the rights and responsibilities of caring for their children, and the courts aim to ensure that children have frequent and continuing contact with both parents.

Child custody arrangements are designed to ensure that children have frequent and continuing contact with both parents. There are two main types of custody: legal custody and physical custody.

Legal Custody

Legal custody refers to the authority to make major decisions about a child's life, including education, healthcare, and general upbringing. There are two types of legal custody:

·         Joint Legal Custody: Both parents share the responsibility of making major decisions for the child. This arrangement fosters co-parenting and ensures that both parents have access to important information about the child's life.

·         Sole Legal Custody: One parent has the authority to make all major decisions for the child. This arrangement is usually reserved for cases involving abuse, neglect, geographic distance, or other exceptional circumstances.

Physical Custody

Physical custody refers to where the child lives. There are two types of physical custody:

·         Primary Residential Custody: The child lives with one parent for at least 51% of the time. This parent is called the Parent of Primary Residence, or PPR. The other parent is the Parent of Alternate Residence, or PAR. The PAR typically has visitation rights.

·         Shared Residential Custody: The child resides with each parent equally, spending roughly the same amount of time with both parents.

PARENTING TIME

Parenting time, also known as visitation, refers to the time that a non-custodial parent spends with the child. There are different types of parenting time arrangements:

·         Supervised Parenting Time: Visits are overseen by a third person, such as a family member or a professional supervisor. This arrangement is usually used in cases where there are concerns about the child's safety.

·         Unsupervised Parenting Time: The non-custodial parent spends time with the child without supervision.

Creating a Parenting Plan

When creating a parenting plan, it's important to consider the child's best interests and the practicality of the arrangement. Courts in New Jersey favor joint or shared custody arrangements to support close parent-child relationships whenever possible. However, sole custody may be granted in cases involving abuse, neglect, or other exceptional circumstances.

Work Schedules and Parenting Time

When deciding on a parenting time schedule, it's important to consider each parent's work schedule and availability. Courts assess each parent's ability to meet the child's needs, including their availability for parenting time. A realistic schedule that recognizes and prioritizes quality over quantity is often favored.

DIFFERENT TYPES OF PARENTING PLANS

Choosing the right parenting plan involves considering various factors, including the child's age, interests and activities, the parents' work schedules, and the distance between the parents' homes. It's important to be mindful of the child's best interests and ensure that both parents can maintain a strong and meaningful relationship with their child. Considering what works best for the child and what is practical for the parent can result in the best outcome.

In addition, the type of parenting plan you agree to can impact child support calculations.

Here are some common arrangements:

1. One Week On, One Week Off

In this arrangement, the child spends one week with one parent and the next week with the other parent. This provides an equal amount of time with each parent and allows the child to establish routines in both homes. 

Things to consider in this type of arrangement:

Pros:

-          Equal parenting time.

-          Both parents are deeply involved in the child's daily life over the course of the week.

-          A simple and easy to memorize schedule for the parents and child to use.

Cons:

-          The child may have trouble transitioning between homes each week.

-          Parents will go a lengthy period of time without seeing the child (this can be somewhat offset by permitting the non-custodial parent a dinner during their “off” week).

Impact on Child Support:

Parents with a 50/50 obligation are expected to each pick up approximately equal expenses for the child. However, the parent with the higher income may still be required to pay weekly child support.

2. Alternating Weekends

In this plan, one parent has the child during the week, while the other parent has the child every other weekend. This arrangement works well if one parent works odd or variable hours or if the parents live far apart and frequent handoffs are difficult or impractical.  Where the child goes to school will also be a consideration.

Things to consider in this type of arrangement:

Pros:

- Stability for the child during the school week.

- Regular, predictable schedule.

Cons:

- The non-custodial parent may feel disconnected from the child between visits.

- Long gaps between parenting time may impact a close relationship.

Impact on Child Support:

The Parent of Primary Residence may be entitled to receive child support from the other parent, who is the Parent of Alternate Residence based on the greater number of days that the child spends there as well as differences between the parent’s incomes.

3. 2-2-3 Schedule

The 2-2-3 schedule alternates the days the child spends with each parent. For example, the child spends Monday and Tuesday with Parent A, Wednesday and Thursday with Parent B, and Friday through Sunday with Parent A. The following week, the cycle reverses. This schedule involves frequent transitions between homes.

Things to consider in this type of arrangement:

Pros:

- Equal time with both parents.

- Frequent transitions that prevent long separations.

Cons:

- Constant transitioning may be challenging for some children

-Consent transitions may pose challenges or for parents in high-conflict cases.

- Parents will likely need to maintain open lines of communication.

Impact on Child Support:

Parents with a 50/50 obligation are expected to each pick up approximately equal expenses for the child. However, the parent with the higher income may still be required to pay weekly child support.

4. 3-4-4-3 Schedule

In this plan, the child spends three days with one parent, followed by four days with the other parent. The following week, it reverses: four days with the first parent and three days with the second parent.  This arrangement involves frequent transitions.

Things to consider in this type of arrangement:

Pros:

- Consistent schedule.

- Equal parenting time.

Cons:

- Frequent handoffs might be tiring for the child.

-Consent transitions may pose challenges or for parents in high-conflict cases.

- Requires high levels of coordination and communication between parents.

Impact on Child Support:

Parents with a 50/50 obligation are expected to each pick up approximately equal expenses for the child. However, the parent with the higher income may still be required to pay weekly child support.

5. Weekdays with One Parent, Weekends with the Other

In this arrangement, the child lives with one parent during the weekdays and spends weekends with the other parent. This plan offers stability during the school week and dedicated time with the other parent on weekends.

Things to consider in this type of arrangement:

Pros:

- Stability for the child during the school week.

- Predictable schedule.

Cons:

- Limited weekday interaction with the weekend parent.

- Potential for the weekend parent to miss out on weekday activities and school-related events.  To avoid this, attendance at these events can be agreed to separately from parenting time.

Impact on Child Support:

The Parent of Primary Residence may be entitled to receive child support from the other parent, who is the Parent of Alternate Residence based on the greater number of days that the child spends there as well as differences between the parent’s incomes.

6.           Combinations/Modifications

Any of the above schedules can be combined or modified. Each family is different and requires different solutions. As just one example, many parents have one schedule for the school year and adopt a separate schedule for the summer.

Conclusion

As reminder, children grow up and situations change.  If there are substantial changes in circumstances, New Jersey courts allow for modifications.  By understanding the different types of custody and parenting arrangements, parents can work together to create a plan that supports their child's well-being and fosters a positive co-parenting relationship.

Issues involving parenting arrangements can raise complex issues. The attorneys at Maleski, Eisenhut & Zielinski, LLC are available to assist you to carefully review your situation and guide you through establishing, enforcing or modifying a parenting plan.