Georgia Parenting Plans

I decided I will post the full content of my articles here as well as on my website: www.thesuttonlawoffice.com

My plan is to post one article a week until the blog is caught up with archived articles. So let's get started with "Parenting Plan: What it is and How it Works" Originally posted on January 14, 2011.


Parenting Plan: What it is and How it Works

January 14, 2011

Many psychologist, researchers, and parents agree that structure is essential for a child's
healthy development. However, too often the transition from married parenting to
divorced parenting can leave a child without structure. The lack of structure combined
with the emotional strain children often experience during a divorce can lead to the child
feeling fearful, sad, and even angry and can lead to unhealthy behaviors or 'acting out'.
Legal scholars, judges, and legislators struggle with this issue and in 2008 Georgia began
requiring that divorcing parents with minor children file a Parenting Plan with the court.
The Parenting Plan outlines the future parental relationship between divorcing parents
and covers many issues relating to custody. Its exact requirements can be found at
O.C.G.A. § 19-9-1. An online listing of Georgia statutes can be found here.


A majority of the Parenting Plan focuses on the time the child spends with each parent. It
states the minimum amount of parenting time, or visitation time, the secondary physical
custodian (traditionally referred to as the non-custodial parent) will have with the child.
For example, a commonly used time schedule allows for visitation time every other
weekend and Wednesday evenings. It is important to note that a visitation schedule
typically provides what will be the minimum allotted visitation. If the parties agree,
visitation time can be increased in the future. In addition to the day to day schedule, the
Parenting Plan will articulate with which parent the child will spend school breaks,
vacations, and holiday time. The Parenting Plan also allows for stipulations and
restrictions associated with parenting time. For example, if drug or alcohol abuse by one
parent exists, the Parenting Plan may allow visitation only after that parent successfully
completes rehabilitation, that the visitation be supervised, or that drugs and alcohol
cannot be consumed during visitation times. Finally, the Parenting Plan should
summarize the logistics of visitation including who will pick up and drop off the child
and any other special issues related to transportation.

Related to custody, the Parenting Plan also allocates legal custody, or decision making
authority between the parents. While day to day decisions and emergency decisions are
left to the parent who has physical custody at the time, decision making authority
regarding major issues related to education, health, extracurricular, and religious
upbringing of the child must be allocated to a parent or shared between the parents. For
more on physical and legal custody, please see Child Custody.

The Parenting Plan also covers a hodgepodge of other issues related to parenting.
O.C.G.A. § 19-9-1 requires that the Parenting Plan recognize that a close and continuing
parent-child relationship and continuity in the child's life is in the child's best interest, that
the child's needs will change and grow as he or she matures, and that each parent shall
have access to the child's records. Many Parenting Plans also require the parents commit
to not argue about visitation in the presence of the child, to not disparage the other parent
in the presence of the child, and to refrain from other behaviors detrimental to the child.

In most cases, custody and parenting time are negotiated and agreed upon prior to a final
hearing. If the parties agree on custody and parenting time, only one Parenting Plan needs
to be filed so long as it is signed by both parties. It is typically submitted with the final
settlement agreement. If the parties cannot agree, each submits their own Parenting Plan
for the judge's consideration.

Finally, here are a couple of special considerations when preparing your Parenting Plan:
It is essential that a Parenting Plan be correctly completed and submitted. If neither party
submits a Parenting Plan, the judge may not issue the final divorce decree. If custody is
contested and one party omits to correctly complete or file a Parenting Plan, the judge
will most likely adopt the plan of the opposing party. Also, while O.C.G.A. § 19-9-1 lists
the specific items the state of Georgia requires be included in the Parenting Plan,
different counties may require additional terms or different language. Therefore, it is very
important to consult an attorney, the clerk of superior courts for your county, or other
county family law service providers when preparing the plan.

Adam M. Sutton, Esq.