When the court is tasked with creating or modifying a parenting plan, it always prioritizes the “best interests of the child.” This encompasses several factors, one of which is the demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required. Let’s break down these important considerations:
Encouraging a Continuing Parenting-Child Relationship
This factor assesses how well each parent supports and nurtures their child’s relationship with the other parent. The court wants to ensure that the child has a meaningful relationship with both parents, as long as it is in the child’s best interests.
In making the decision, the Judge will look at each parents’ behavior:
- Willingness to cooperate: The court looks for signs that each parent encourages the child’s connection with the other parent. For example, a parent who actively fosters communication, supports visitation, and does not interfere with the child’s relationship with the other parent demonstrates a strong disposition to facilitate this relationship.
- Positive attitudes toward the other parent: This involves avoiding negative comments about the other parent in front of the child or using the child as a messenger. The court will look at how each parent speaks about and treats the other, as a healthy co-parenting dynamic is crucial for the child’s well-being.
Capacity and Disposition to Honor the Time-Sharing Schedule
This factor evaluates each parent’s ability to follow the agreed-upon time-sharing plan or court-ordered schedule. It is important because consistency and stability in a child’s routine are vital for their emotional well-being.
Considerations:
- Adherence to the schedule: The court considers whether each parent reliably follows the time-sharing schedule and makes the child’s well-being a priority. For example, parents who repeatedly change plans without valid reasons, or who fail to return the child on time, may be seen as unwilling to honor the schedule.
- Flexibility and Communication: While consistency is essential, flexibility can also be important. A parent’s willingness to make reasonable adjustments to accommodate changes (such as a child’s school event or a parent’s work schedule) while keeping the child’s best interests in mind will be taken into account.
Capacity and Disposition to Be Reasonable When Changes Are Required
This factor evaluates how each parent responds when modifications to the parenting plan are necessary, whether due to unforeseen circumstances, emergencies, or changes in the child’s needs.
Considerations:
- Openness to negotiation: The court wants to see that parents are willing to work together and negotiate in good faith when circumstances change. Parents who refuse to discuss changes, become defensive, or act unreasonably may be seen as less favorable in the court’s eyes.
- Reasonableness in addressing needs: If a parent is rigid and unwilling to adapt to the child’s evolving needs (e.g., changing school schedules, health issues, or extracurricular activities), it may be a sign of an inability to co-parent effectively. Parents who show flexibility, understanding, and a willingness to compromise demonstrate that they can meet the child’s needs as they grow and change.
Why These Factors Matter:
The goal of a parenting plan is to provide the child with stability, security, and a nurturing environment. A parent’s demonstrated ability to facilitate the child’s relationship with the other parent, adhere to a time-sharing plan, and remain reasonable during changes is crucial to that stability. Parents who show a cooperative attitude, a willingness to be flexible, and a commitment to their child’s emotional needs are more likely to be favored by the court when it comes to creating or modifying parenting plans.
As a family law attorney, I always recommend that clients keep these principles in mind. You don’t need to be the “perfect parent” but you can make better choices moving forward. Courts value parents who are not just meeting their own needs but are genuinely committed to providing a balanced, loving, and stable environment for their children. This includes maintaining a positive, supportive co-parenting relationship that prioritizes the child’s best interests. It’s a work in progress.
Whether you’re looking to have your case resolved through mediation or are faced with the likelihood of litigation, we are here to help you through.
