Parenting plans—also known as custody agreements or custody and visitation agreements—are proposals submitted by parents for how issues involving children should be handled following a divorce or other proceeding in family court. The court will usually request the parents submit such a document proposing how conservatorship (decision-making), custody or possession, support, and other issues will be handled. The court may adopt some or all of these proposals and include them in the court’s order (divorce decree, child support and custody order), at which point the become legally enforceable.
In many states there is a standard possession order (SPO) that serves as the default terms for such matters, and as a useful starting point for parents who wish to modify it by agreement.
In New Jersey, parenting plans are essential components of family law proceedings involving children. These plans outline how divorced or separated parents will share responsibilities and time with their children. New Jersey law encourages parents to work together to create a parenting plan that serves the best interests of the child, covering aspects such as physical custody (where the child will live), legal custody (decision-making authority), parenting time schedules, transportation, communication guidelines, and how future modifications will be handled. If parents are unable to agree on a plan, the court may order mediation or decide on the parenting arrangements based on the child's best interests. The court's primary consideration is the welfare of the child, and it will evaluate factors such as the parents' ability to agree, communicate and cooperate in matters relating to the child; the child's needs; the stability of the home environment; the fitness of the parents; the geographical proximity of the parents' homes; the extent and quality of the time spent with the child prior to or subsequent to the separation; the parents' employment responsibilities; and the age and number of children. New Jersey does not have a standard possession order (SPO) like some other states, but the court may provide a standard schedule as a guideline. Once the court approves a parenting plan, it becomes part of the court order and is legally enforceable.