Establishing a Parenting Plan: How the Process Works, State by State
Filing, mediation, parenting classes, and approval — the steps are broadly similar across states, and the details are not. Here is the general path and where to check your own state's rules.
Every state requires some version of the same thing: a written parenting plan, filed with the court, approved by a judge, and enforceable once entered. What varies is the form, the mandatory steps, and the vocabulary.
This is a general overview, not legal advice for your case. Confirm every step with your state's court self-help resources or an attorney.
The general path
1. Determine jurisdiction. Usually the child's home state under the UCCJEA — commonly where the child has lived for the past six months.
2. Open or join a case. A parenting plan is filed inside a divorce, a paternity or parentage action, or a standalone custody petition, depending on the parents' status.
3. Complete required education. Many states require a parenting-education or divorcing-parents class before entry of a final order.
4. Attempt mediation. Numerous states require mediation before a contested hearing, with an exception process for domestic violence cases.
5. Draft the plan on the required form. Some states publish a mandatory statewide form; others accept any plan that addresses the statutory elements.
6. Submit for approval. If both parents agree, the plan is submitted as a stipulated or consent order. If not, the court decides after a hearing, sometimes with a guardian ad litem, custody evaluator, or family court facilitator involved.
7. Entry and enforcement. Once signed by the judge, the plan is a court order. Informal side agreements do not replace it.
What differs by state
- Whether a standardised form is mandatory
- Whether mediation and parenting classes are required or optional
- The statutory factors the judge weighs
- Whether there is a presumption of joint legal decision-making or of substantial parenting time
- The relocation notice period, which ranges widely
- Whether court facilitators or self-help centers assist unrepresented parents
- Child support model and how parenting time affects the figure
Check your own state
Start with your state page: the custody laws by state directory links to a summary for each jurisdiction, and each state parenting plan guide style page covers the statutory standard, standard schedule, relocation rules, and filing venue. Support figures use each state's model in the child support estimator.
Before your first filing
Have the schedule decided in actual dates, the holiday rotation written, and the money clauses specific. Work the custody plan checklist first — an incomplete plan is the most common reason parents are back in court within a year.
The CustodyTrac Team
Written for parents building two-home families.