How to Create a Parenting Plan: What Every Agreement Needs

A parenting plan — also called a custody agreement or parenting agreement — is the document that governs how you and your co-parent will raise your child after separation or divorce. Courts require them in most jurisdictions, and a thorough plan reduces conflict by answering questions before they become disputes.

Here's everything your parenting plan should cover.

Section 1: Identifying Information

Start with the basics:

• Full legal names of both parents
• Child's full legal name and date of birth (each child if multiple)
• Date the agreement is signed
• State and county of jurisdiction

This section matters because your parenting plan will be filed with the court and may be enforced by courts in other states under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Accurate identifying information prevents jurisdictional confusion if you or your co-parent later relocates.

Section 2: Legal Custody

Legal custody is the authority to make major decisions about the child's life: education, medical care, religious upbringing, and extracurricular activities. It's distinct from physical custody (parenting time). You can have joint legal custody — both parents share decision-making authority — while one parent has primary physical custody.

Specify:

• Joint legal custody: Both parents must agree on major decisions. Good when parents can communicate respectfully. Most common arrangement.
• Sole legal custody: One parent makes major decisions. May be appropriate when one parent is absent, there's a history of domestic violence, or the parents cannot cooperate on decisions.
• Tie-breaking: If you choose joint legal custody, specify what happens when you disagree — a mediator, a parent coordinator, or a designated tie-breaker for specific categories.

For a deeper look at how legal custody differs from physical custody, see parenting time vs legal custody.

Section 3: Physical Custody and the Regular Parenting Schedule

This is the heart of most parenting plans. Specify:

• The regular schedule (which days, which weeks, with which parent)
• Exact times for pickup and drop-off
• Where exchanges occur (school, a neutral location, one parent's home)
• What happens on teacher workdays, early dismissal days, and school holidays

Be specific. "Parent A has the child most weekends" will be disputed. "Parent A has the child every other Friday at 3:30 PM school pickup through Sunday at 5:00 PM" won't be.

Run your proposed schedule through the parenting time calculator to confirm the parenting time percentage for each parent. That percentage affects child support calculations in most states, so you want it confirmed before signing.

Section 4: Holiday and Vacation Schedule

Holiday provisions override the regular schedule. Address every major holiday your family observes, school breaks, summer vacation, and each parent's individual vacation time with the child. See holiday custody schedules: templates and common mistakes for a complete list and sample language.

Key items to include:

• Which holidays each parent has in even vs odd years
• Mother's Day and Father's Day (almost always fixed to the respective parent)
• Winter break and spring break (split or alternating?)
• Summer parenting time (number of consecutive weeks, advance notice required for scheduling)
• Each parent's right to take the child on vacation (how many days, how much notice)
• Passport and travel documentation (who holds the passport, what's required for international travel)

Section 5: Communication and Information Sharing

Between parents:

• Primary communication method (text, email, parenting app)
• Expected response time (24 hours? 48 hours?)
• Emergency contact protocol

Child's communication with absent parent:

• Reasonable phone/video calls during the other parent's parenting time
• What "reasonable" means (frequency, time of day)
• Neither parent will interfere with communication

Information sharing:

• Both parents receive school communications, medical records, activity schedules
• Both parents listed as emergency contacts at school and medical providers
• 48-hour notice for non-emergency schedule changes

Section 6: Medical Care

• Who is the child's primary care physician?
• Who is responsible for scheduling routine appointments?
• Process for non-emergency medical decisions (both parents consult; if disagreement, tiebreaker process from Section 2)
• Emergency medical decisions: either parent may authorize treatment in an emergency; the other parent must be notified "as soon as practicable"
• Mental health and therapy: jointly agreed upon providers; both parents have access to records
• Prescription medications: standard for managing medication across homes

Section 7: Education

• Current school (or process for agreeing on enrollment if not yet enrolled)
• Decision-making for school choice, educational programs, tutoring
• Both parents can contact teachers and attend conferences
• Homework and school materials travel with the child

Section 8: Transportation and Exchanges

• Who is responsible for each exchange (usually: the parent starting their time picks up)
• Exchange locations (school or daycare preferred — reduces direct parent contact)
• Transportation for extracurricular activities during each parent's time
• What happens when a parent is late (grace period, notification requirement)

Section 9: Relocation

If either parent intends to relocate:

• How much advance notice is required (typically 30–90 days depending on state law)
• Whether relocation requires the other parent's consent, court approval, or both
• How the parenting schedule adjusts if relocation is approved

State laws on relocation vary significantly. Some states allow relocation within the state freely; others require court approval for any move that substantially affects the parenting plan. California, Florida, and New York have particularly detailed relocation statutes.

Section 10: Dispute Resolution

When parents disagree on a matter not explicitly covered by the plan:

1. Good faith discussion between parents (required first step)

2. If unresolved within 14 days: mediation with an agreed-upon mediator

3. If mediation fails: petition to court

Including this process signals to courts that you've thought through how to handle future disagreements — and it saves time if a dispute does arise. Co-parenting communication strategies can help you resolve disputes before they reach step 2.

Getting Your Plan Approved

Once both parents sign, your parenting plan is filed with the court and typically becomes a court order after a judge reviews it. Most courts approve agreed-upon plans with minimal scrutiny unless something raises a flag. If you're submitting without attorneys, many courts have self-help centers with staff who can answer procedural questions (not legal advice, but procedural guidance).

The calculator's output — your parenting time percentage — should match what your written schedule produces. If it doesn't, revisit the schedule language before filing.