How to Create a Parenting Plan in California

Parents and child together put a coin into a piggy bank, teaching savings and financial habits. This family moment of saving money occurs in home, showcasing unity and planning together.

Creating a parenting plan in California is a critical step for separated or divorced parents seeking to establish clear guidelines for child custody and parenting time. A well-crafted parenting plan not only promotes stability for children but also minimizes conflict between parents. In California, parenting plans can be developed privately or through court assistance, and once approved by a judge, they become legally enforceable orders.

At Modesto Family Law, our team serves families across Stanislaus and San Joaquin counties. Our California family law attorneys can help you craft and enforce parenting plans..  

What Is a Parenting Plan?

A parenting plan outlines how parents will share responsibilities for their child’s upbringing. It includes provisions for the following:

  • Legal Custody: Who makes decisions regarding the general health, safety and welfare of a child related to education, healthcare and legal issues.
  • Physical Custody: Where the child lives and how time is shared between parents.
  • Visitation Schedules: Specific times and dates for each parent’s parenting time, including holidays and vacations.

California courts prioritize the child’s best interests when reviewing parenting plans. If parents cannot agree, the court will impose a plan based on statutory factors.

Step-by-Step Guide to Creating a Parenting Plan

1. Understand Custody Types

California recognizes two types of custody:

  • Legal custody can be joint (shared decision-making) or sole (one parent has authority).
  • Physical custody can also be joint or sole, depending on where the child primarily resides.

2. Draft a Custody Schedule

A detailed schedule helps avoid future disputes. Common formats include:

  • Equal shared schedules: Week-on/week-off, 2-2-5-5, or 2-2-3 rotations.
  • Sole Physical Custody with visitation schedules: One parent has the majority parenting time; the other parent has scheduled visitation (e.g., every other weekend).

Include exchange times, transportation responsibilities, and make-up provisions for missed parenting time.

3. Address Decision-Making Protocols

Specify how decisions about healthcare, education, religion, and extracurricular activities will be made. For joint legal custody, outline:

  • Communication methods (e.g., email, phone, co-parenting apps).
  • Response timelines.
  • Dispute resolution mechanisms (e.g., mediation).

4. Include Holiday and Vacation Schedules

Define how holidays, school breaks and special occasions will be shared. Plans often alternate major holidays annually and include provisions for birthdays, Mother’s Day, Father’s Day and travel itineraries.

5. Consider Special Circumstances

Tailor the plan to your child’s unique needs. Include provisions for:

  • Supervised visitation (if required due to domestic violence, child abuse/neglect, illegal drug use, alcohol abuse and/or a parenting facing criminal prosecutions).
  • Right of first refusal for childcare.
  • Relocation procedures.
  • Communication during the other parent’s time.

California courts encourage detailed plans to reduce ambiguity and conflict.

6. Outline Financial Responsibilities

While child support is determined separately, your parenting plan can address:

  • Health insurance coverage.
  • Uncovered medical expenses.
  • Childcare costs.
  • Extracurricular activity fees.

Specify how these expenses will be shared and reimbursed.

Legal Requirements and Court Approval

To formalize your parenting plan, you must submit it to the court for approval. The judge will assess whether the plan supports the child’s health, safety and welfare. Key factors include:

  • The child’s age and developmental needs.
  • Emotional ties with each parent.
  • Stability of home, school and community.
  • History of abuse or substance use.
  • Each parent’s ability to co-parent effectively.
  • Domestic violence, child abuse and child neglect.
  • A parent’s criminal history and/or if they are subject to current criminal proceedings.

If approved, the plan becomes a binding court order. If parents cannot agree, the court may order mediation or issue its own plan.

Our California Family Law Attorneys Can Help You Draft and Enforce a Parenting Plan

Understanding how to draft and enforce a parenting plan can make a major difference in the family law process. Protecting your children’s best interests is important to you, and we know how to help.  Let us know what we can do to support you.At Modesto Family Law, our attorneys are ready to help with child custody and parenting plan needs you may have. Contact us today for a consultation of your case.