How do I write a parenting plan (custody agreement)?


Custody and Parenting Time Agreement
The parties shall continue to share joint legal and joint physical custody of the minor children (insert names and DOBs).
Primary Address for School and Records Purposes
For the sole purpose of school enrollment, attendance, and official educational records, the children’s primary address shall be [insert ex’s address]. This designation is made for administrative purposes only and does not reflect a change in custody or physical placement rights.
Parenting Time Schedule
The parties agree that due to the children’s school activities, parental work schedules, and extended family involvement, a flexible parenting schedule is in the children’s best interest. However, for the purpose of this agreement, the following default schedule is established:
Example:
The children shall reside with Parent A from Monday morning through Friday after school on Week 1, and with Parent B from Friday after school through Monday morning, alternating weekly.
Notwithstanding the default schedule above, the parties agree they may modify the parenting time informally as needed and by mutual agreement, without requiring a formal amendment to this order.
Best Interests of the Children
Both parties affirm their commitment to a healthy, cooperative co-parenting relationship and agree that decisions will continue to be made in accordance with the best interests of the children, considering school, extracurriculars, family time, and the children’s preferences.
Full Conversation

Hello, I have a consent order that was signed off by a judge with my now ex for our two children. I have 3 more kids with my husband. We agreed to share joint legal and physical custody of all 5 kids. The courthouse wrote up the consent order and the judge signed it. But the school attorney won’t accept it because my ex isn’t the biological father of some of the kids. She wants us to reword the consent order to state someone is the “primary parent” for school purposes. We already said that in our bio kids’ order, and there were no issues.

I understand the situation with the school attorney not accepting the consent order. Have you tried discussing this issue directly with the school attorney to clarify the similarities with the consent order for your biological children?

Yes. She says she wants a schedule — but we don’t have a fixed one. We go off what’s best for the kids and our work schedules. They also stay with grandparents and friends. We don't know how else to say my ex is the primary parent for address purposes, not just school. It’s okay for our bio kids, but not for the others apparently.

Have you consulted with a family lawyer regarding the specific language that needs to be included in the consent order to address the concerns raised by the school attorney?

Yes. But now I have to wait for a court date to change the consent order. The school attorney and judge want to make a decision by Thursday and might kick the kids out of school.

Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with your consent order.

No, that’s all.

Hello! Legal Eagle here. I'm an attorney specializing in your area of law. I’m happy to help. How do you envision a schedule that accommodates your children’s needs and the school’s requirements?

She wants a “set schedule.” We’re free to work out a schedule with our bio kids, but for the others, she wants one written down. Normally we go off of work, sports, friends, or what the kids want. No issues with co-parenting. But the school is giving me a hard time about enrollment even though we legally agreed to joint custody. Also, it’s unrealistic to juggle multiple school pickups after working nights.

Thanks! Just a few more questions. Have you considered any alternative solutions that might satisfy the school attorney and work for your family?

Yes, we agreed to come up with a “schedule” for her, but I’m worried if we don’t follow it exactly she’ll come after me. I’ve never heard of a school attorney having authority to dictate parenting. We already have a judge-signed custody agreement. Now I have to go before another judge because of her. They want an updated consent order by Thursday. The judge said “enough is enough.”

But we won’t have it by then. I have no idea what else to do.

Ok, got it! So you're just looking for some general ideas on how to write a consent order in the appropriate language, correct?

Yes. She wouldn’t specify — only said what she wanted it to say.

Ok! Any other facts you want to add? I want to make sure this session goes smoothly.

Nope, that’s all!

Ok, here’s what you can try:

Custody and Parenting Time Agreement
The parties shall continue to share joint legal and joint physical custody of the minor children (insert names and DOBs).
Primary Address for School and Records Purposes
For the sole purpose of school enrollment, attendance, and official educational records, the children’s primary address shall be [insert ex’s address]. This designation is made for administrative purposes only and does not reflect a change in custody or physical placement rights.
Parenting Time Schedule
The parties agree that due to the children’s school activities, parental work schedules, and extended family involvement, a flexible parenting schedule is in the children’s best interest. However, for the purpose of this agreement, the following default schedule is established:
Example:
The children shall reside with Parent A from Monday morning through Friday after school on Week 1, and with Parent B from Friday after school through Monday morning, alternating weekly.
Notwithstanding the default schedule above, the parties agree they may modify the parenting time informally as needed and by mutual agreement, without requiring a formal amendment to this order.
Best Interests of the Children
Both parties affirm their commitment to a healthy, cooperative co-parenting relationship and agree that decisions will continue to be made in accordance with the best interests of the children, considering school, extracurriculars, family time, and the children’s preferences.

This should satisfy the school’s need for documentation while preserving your family’s flexibility. Let me know if I missed anything!

Just checking in — did this address all your concerns? I’m happy to help more if needed.

Haven’t heard from you in a bit, but I hope the info helped. Reach out anytime.

Thank you!