Chapter 4 - § 4.6 • PARENTING PLANS

• Jurisdiction: Colorado

§ 4.6 • PARENTING PLANS

Parties to a dissolution of marriage action or legal separation may submit a parenting plan to the court ifthey are able to agree on issues regarding their children. C.R.S. § 14-10-124(7). A parenting plan is to address both parenting time and the allocation of decision-making responsibilities and is to assist in implementing the court's order allocating parenting responsibilities. Id. Numerous resources are available to assist the parties or counsel in developing a parenting plan, including but not limited to, J. McWilliams, Creating Parenting Plans That Work (1998), and W. Smart, Jr., Pathway to a Durable Parenting Plan (1999).

Although it is important for the parties to try to reach an agreement on a parenting plan, this agreement is not binding on the court. C.R.S. § 14-10-112(2). The court is free to alter or even disregard the agreement and form its own plan based on the criteria mentioned above. Id.; C.R.S. § 14-10-124(7). However, it is unlikely that a court will disregard the agreement reached by the parties; even if a court does, the agreed-upon parenting plan will provide the court with some guidance as to the parties' positions and agreements.

The statute reflects that, when issues relating to parenting time are contested, and in other cases where appropriate, the parenting plan must be as specific as possible to clearly address the needs of the family, as well as the current and future needs of the aging child.

The advantages to a detailed parenting plan are many. First, it may establish areas of agreement, establish means of communication, and provide notice of the decision-maker's intentions on major issues, such as choice of religion. Second, the parenting plan may facilitate involvement of both parents to the extent possible. Third, there may be practical reasons that lead to an allocation of decision-making that are unrelated to a parent's fitness and ability to co-parent a child. The parenting plan can provide the basis for co-parenting, notwithstanding other orders of the court. Finally, as noted previously, disputes often arise in areas that do not necessarily fall under major decision-making authority. The parenting plan might help minimize disputes in these areas.

Practice Pointer
Despite the advantages to a detailed plan, each case will be different and the amount of detail to be included in the plan should be determined by the particular circumstances and the needs and wishes of the parties. Regardless of

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