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When going through a separation, the topic of child custody can be unpleasant and complicated.
Nevertheless, the child’s best interest should always come first, making it essential to formulate a parenting plan. Not only will organizing your responsibilities help the child cope with the transition, it will prevent conflict with your spouse in the future.
If you are trying to create a custody agreement, you are likely worried about losing the opportunity to be a parent. Our Pittsburgh custody lawyers at Pittsburgh Divorce & Family Law, LLC understand how stressful this thought can be. After all, you have not done anything wrong, and you only seek the opportunity to raise your child in a safe and loving environment. Attorney Anthony Piccirilli will help you through the process of creating a parenting agreement that benefits everyone.
Call (412) 471-5100 now to see how your rights as a parent can be protected with a parenting plan.
In essence, a parenting plan is a legal document that outlines how a child will be raised after a divorce or separation. One of the advantages of creating this agreement is the avoidance of conflict between you and your spouse. A parenting plan outlines clear guidelines and expectations, making it difficult to get into arguments over child welfare and visitation.
Creating this parenting agreement is also a way to avoid the costs of litigation. If two parents can work out a parenting arrangement on their own, they will not have to engage in a custody battle. At worst, you may need the services of an arbitrator or a lawyer to ensure the parenting plan is fair and balanced. A parenting plan may be needed if:
Pennsylvania custody law centers on the best interests of the child. When a parenting plan is submitted to the Allegheny County Family Division, a judge measures it against the 16 factors set out in 23 Pa.C.S. § 5328. Those factors include each parent’s willingness to encourage a relationship with the other parent, the child’s need for stability, the availability of extended family, the proximity of the two households, and each parent’s ability to cooperate on day-to-day decisions.
A strong parenting plan addresses these factors directly. It assigns clear physical and legal custody, establishes a workable schedule for school terms and breaks, and explains how the parents will communicate about the child. Plans that ignore the 16-factor analysis, or that leave large gaps in the schedule, are more likely to be revised by the court or to break down under real-world pressure. We help parents draft plans that anticipate how a judge will read them and how the family will actually use them, so the document holds up both in court and at home. For a deeper look at the factor analysis, our overview of how Pennsylvania courts determine custody walks through each factor in detail.
A parenting plan is a long checklist that presents topics for consideration. The list is not exhaustive, and parents are encouraged to cover areas that might apply uniquely to their family. The sections below describe the categories that should appear in almost every Pennsylvania parenting plan.
This section spells out where the child lives and when. It describes the regular weekly or bi-weekly schedule, weekend rotations, transportation between households, and the rules for adjusting the schedule on short notice. Strong plans note any areas the child should not visit and identify who is allowed to supervise exchanges. Our page on physical custody arrangements in Pennsylvania explains the most common patterns and how courts review them.
Legal custody covers the major decisions in a child’s life: healthcare, education, religion, mental health treatment, and travel. The plan should state whether both parents share decision-making, whether one parent has final say in a tie, and how decisions will be documented. Naming the schools, doctors, and faith communities the child currently uses can prevent disputes when one parent later wants to change them.
This section addresses how each parent will contribute to the child’s needs. It often covers health insurance premiums, uncovered medical costs, school supplies, extracurricular fees, and college planning. A parenting plan does not replace a separate child support order, but it can specify how shared costs above and beyond support are divided between the parents.
Holiday schedules are a recurring source of conflict, so they deserve careful attention. A workable plan rotates major holidays on an annual basis, splits school breaks evenly, and identifies how Mother’s Day, Father’s Day, and each parent’s birthday are handled. It should also set a deadline for notifying the other parent about summer travel and explain how passports and travel consent forms will be managed.
Parents who are no longer together still need a reliable way to coordinate. The plan should state how the parents will communicate about the child, whether by text, email, or a co-parenting app such as OurFamilyWizard or TalkingParents. It should also describe how often the parents will check in and how the child will reach the other parent during a custodial period. Setting expectations early reduces the chance of repeat arguments over missed calls or unanswered messages.
Even the most detailed parenting plan cannot anticipate every disagreement. A dispute resolution clause explains the path the parents will take before going back to court, such as a required conversation, mediation through a neutral co-parenting counselor, or a brief conference with a custody mediator at the Family Division. These clauses save time and legal fees, and they signal to a judge that both parents are committed to resolving issues outside the courtroom.
A parenting plan is not frozen in place. As children grow, work schedules shift, and households change, the original plan often needs to be updated. Pennsylvania courts apply the same best interests standard to a modification that they used for the original custody decision, working through the 16 factors in 23 Pa.C.S. § 5328.
If both parents agree on a change, the new schedule can be reduced to writing and filed as a stipulated order. When the parents disagree, the parent seeking the change files a petition to modify, and the matter goes back through the Family Division, often starting with a conciliation conference. Relocation is treated separately under 23 Pa.C.S. § 5337, which requires a parent who plans to move a significant distance to send written notice at least 60 days in advance and to obtain either the other parent’s consent or court approval before the move. We help parents on both sides of a custody agreement modification understand what the court will weigh and how to prepare.
Pennsylvania judges measure parenting plans against the 16 factors in 23 Pa.C.S. § 5328, which together describe the best interests of the child. A plan that allocates physical and legal custody clearly, lays out a workable schedule, addresses holidays and school breaks, explains how the parents will communicate, and provides a path for resolving disputes is far more likely to be approved without revision.
The most common approach is an annual rotation. One parent might have the child for Thanksgiving in even years and Christmas Eve in odd years, with the schedule flipping the next year. Spring break and summer vacation are often split in halves or alternated. Mother’s Day and Father’s Day generally go to the parent the day honors, regardless of the regular schedule.
If a co-parent ignores the plan, the first step is usually to document each incident in writing and to attempt the dispute resolution path the plan describes. If informal efforts fail, the affected parent can file a petition for contempt or for enforcement with the Allegheny County Family Division. The court can order make-up time, modify the schedule, or, in serious cases, impose sanctions.
A parenting plan can be modified at any time, although courts will not revisit a recent order without a meaningful reason. Common grounds include a parent’s work or housing change, a child’s evolving school or medical needs, safety concerns, or a planned relocation governed by 23 Pa.C.S. § 5337. The court applies the same best interests analysis it used the first time.
Pennsylvania does not require a lawyer, and parents who agree on most issues can often draft a plan together. A family law attorney becomes important when the situation is complex, the other parent is uncooperative, safety concerns exist, or the plan needs to be enforceable in court. A lawyer can also flag the issues parents commonly forget, such as travel consent, tax dependency claims, and insurance allocation.
If you are involved in a negotiation for child custody, it can feel like you are being treated unfairly. Your spouse may be trying to cheat you out of your parental rights when you only want the chance to be involved in your child’s life. Our Pittsburgh custody lawyers at Pittsburgh Divorce & Family Law, LLC realize that a divorce or separation can uproot everything you have worked so hard to establish. With your cooperation, attorney Anthony Piccirilli can formulate a parenting plan that puts your mind at ease. He will work tirelessly to ensure that the relationship with your child is maintained.
Call (412) 471-5100 today to see how your child’s best interests can be protected.