1. Clear and Concise Language:

The cornerstone of any good parenting plan is clear and concise language. Avoid unnecessary legal jargon and replace it with straightforward terms that can be easily understood by all parties. If your attorney understands the paragraph but you don’t, have your attorney change the language so that you can understand it. You may know exactly what everyone was intending at the time, but once the divorce is over and time passes, if it’s unclear, the plan is likely to cause disputes when you and your co-parent read a paragraph differently. A well-drafted plan leaves no room for confusion or misinterpretation.

2. Detailed Parenting Time Schedule:

Idiot-proofing your parenting plan requires a meticulous parenting time schedule. Clearly outline days, exchange times, and locations for transitions, making it foolproof for parents to adhere to the agreed-upon schedule. Precision minimizes potential conflicts and sets expectations.

3. Holiday and Special Occasion Protocol:

Addressing holidays and special occasions is critical in idiot-proofing a parenting plan. Clearly articulate how holidays will be divided, who gets priority during specific occasions, and any agreed-upon rituals. This leaves no room for disputes during festive times. While it’s tempting to simply fall back on the Indiana Parenting Time Guidelines, if you or your co-parent have certain family traditions that are outside of the schedule in the IPTG, ensure those are memorialized in your plan. Easter is also a tricky holiday because it is not a holiday that is always fixed to a certain month or weekend. Sometimes, it can conflict with the week of Spring Break a parent exercises if a child has a balanced calendar schedule including 2-week breaks. Taking time to ensure that Easter is celebrated by the parent already exercising spring break time can avoid conflict and disputes down the road. Additionally, when birthdays fall during holidays or overlap another holiday such as occurring during Father’s Day weekend, consider addressing how to equalize this parenting time so that both parents are able to enjoy their children’s milestones, regardless of what year it is.

4. Contingency Planning:

No parenting plan is foolproof. Anticipate potential disruptions such as emergencies, unforeseen events, or changes in circumstances. Outline procedures for modifying the plan when necessary, ensuring adaptability to the evolving needs of the child. The COVID-19 shutdowns exposed parenting plans that had no such “what ifs” for times when school is not in session but a child is attending school virtually. While we all are hoping that a full school shutdown does not occur again, normal events like sick days or snow days should be addressed so that parents are not scrambling at the last minute.

Idiot-proofing your parenting plan involves your attorney’s attention to detail, clarity in language, and a proactive approach to potential conflicts. By incorporating these legal strategies, you can craft a comprehensive and legally sound parenting plan that not only protects the rights of all parties involved but also minimizes the risk of misunderstandings or disputes in the future.

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Elisabeth M. Edwards Attorney
Elisabeth M. Edwards is a founding attorney at Wanzer Edwards, PC where she practices in the areas of family law and divorce, including collaborative law, family mediation and arbitration, and Parenting Coordination. Ms. Edwards completed her undergraduate degree at Hanover College, majoring in English. She went on to earn her Juris Doctor at the Indiana University Robert H. McKinney School of Law.