Family Law Advisor®
Articles

Co-Parenting is not a new concept -- it's just new terminology. A happily married couple that is equally involved and cooperative in the parenting of their children practice co-parenting on a daily basis. Boiled down to its absolute essence, co-parenting simply means that the parents are both involved in the day-to-day decision-making attendant to being good parents, that they are able to communicate effectively with each other and that they willingly share parenting time with their children. Unlike traditional child custody arrangements where one parent wins custody of a child or children, in a co-parenting situation both parents "win", as do the children. Neither parent wins possession of the child but rather they each win "parenting time" with their child. Such a plan is a formal statement of how the needs of children are going to be met after divorce and, if incorporated into the Decree of Dissolution, carry the force of law and can be legally enforced. Co-Parenting Plans represent a true paradigm shift with respect to resolving child custody issues -- a whole new way of approaching an age-old problem -- and hopefully a way to resolve the matter in the best interest of the child. "Best interest of the child" is a key phrase in the law of Kentucky. The courts are mandated by the statutes to make custody decisions with this factor as its benchmark. Is it in the "best interest of the child" for him or her to have significant amounts of time with each parent? Is it in the "best interest of the child" to avoid conflicts, bitterness and animosity between the parents? Is it in the "best interest of the child" for the parents to adopt a cooperative spirit when making arrangements for spending time with their child? Of course it is and that's why -- absent a preponderance of the evidence to the contrary -- courts across the country are looking to Co-Parenting Plans as a possible answer. In some states (Oregon and Washington, for instance), the courts no longer grant "custody" in divorce actions. Instead, the courts there issue or the parties agree on a Co-Parenting Plan which typically addresses: Who will have time with the children and when; How decisions regarding parenting issues will be addressed (education, religion, healthcare, etc.); How disputes will be resolved (usually through mediation or "alternate dispute resolution"); Who will be with the children on holidays; Child support obligations, etc. The subjects of division of marital property, maintenance (alimony), etc. are addressed in a Property Settlement Agreement. Both the Co-Parenting Plan and the Property Settlement Agreement are then incorporated into a Decree and become part and parcel of the final divorce arrangements. Further, even the best Co-Parenting Plan may need modification as the child matures and his/her needs change. Often, the parent(s) can return to the court at a later date to modify the parties' agreement. - - Law Offices of William L. Hoge III & Associates