The Model Parenting Plan, First Edition


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Principal Author:  Barry W. Knobel, South Carolina Family Court Judge (retired)

 

©2023

“The interpretation of marital litigation agreements is a matter of contract law. When an agreement is clear on its face and unambiguous, the court's only function is to interpret its lawful meaning and the intent of the parties as found within the agreement.” “Unambiguous marital agreements will be enforced according to their terms ..., regardless of the contract's wisdom or folly, or the parties' failure to guard their rights carefully.” Davis v. Davis, 372 S.C. 64, 641 S.E.2d 446 (Ct. App. 2006).      

When child-related issues are involved in marital litigation, there is no one-size-fits-all parenting plan that will work for every family. Traditionally, parenting plans simply detail physical custody of children and legal authority to make decisions on their behalf.  This bare-bones approach will lead to conflict during the initial period of separation and post-divorce as the parties’ circumstances change. South Carolina family law attorneys who invest time and effort to create a comprehensive, detailed parenting plan will help clients avoid future conflicts. Taking the time to draft a plan that addresses more than just the “issues of the moment” is essential. The parenting plan should be a living document that can be modified as children grow and circumstances change. As such, it is important to outline how the parties’ will revise their plan in the future to fit their family’s needs.

The Model Parenting Plan has been a work in progress by this author for more than seven years. This book is designed as a template to guide the family law attorney through an array of issues that should be addressed and provisions that should be considered to create a successful parenting plan for their client. A range of flexible and enduring "options" are included to help practitioners tailor their clients’ agreement to fit their family’s circumstances. The downloadable book, in both PDF and Word, accompanies the print publication and provides the family law attorney with immediate point-and-click access to more than 150 specific provisions covering a variety of parenting plan and child-related issues. The author has also included explanatory footnotes, statutes, and case law applicable to the relevant provisions, a separate checklist section, and nine separate "visitation templates" for intrastate and interstate child timesharing arrangements.  An added and important feature is an excerpt from South Carolina attorney Thomas F. McDow’s article “Rules are Rules for a Reason” focusing on the appropriate way to craft family court orders.

While a good parenting plan cannot anticipate every possible issue, it can identify likely issues and provide a roadmap for handling future conflicts that are not easily resolved. The Model Parenting Plan gives family attorneys the tools to create successful, enduring parenting plans for their clients.

 

      Summary Of Contents:

  • Child Custody and Timesharing Provisions
  • Parenting Plan Provisions
  • Child Support - Health Insurance – Medical Expense Provisions
  • Child-Related Tax and Education Provisions
  • Miscellaneous Provisions
  • Checklists
  • Frequently Referenced and Used Family Law Statutes (regarding the parent-child relationship)
  • Sample Child Visitation Templates
  • Drafting and Presenting Family Court Orders - "Rules are Rules for a Reason" by Thomas F. McDow, Esq. 

Table of Contents

 

 See what Bar members are saying…

"My team has already purchased this excellent guide and is using it.  If you practice family law in South Carolina, you should too." - Reid Sherard @ Haynsworth Sinkler Boyd, Greenville office 

 

"I ordered my copy of “The Model Parenting Plan” within days of notice from the SC Bar, that it was available. I was so pleased and thankful that Judge Knobel was generous enough to share his work product in Word format for easy “cutting” and “pasting” into agreements and orders. It is going to be my constant companion as I continue my mediation practice. The depth of detail contained in these templates is amazing and all practitioners should review them and discuss them with their clients, opposing counsel, and mediators, when applicable." - Nancy Jo Thomason, former member and Chair of the Family Law Section of the South Carolina Bar

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The South Carolina Bar is an accredited CLE provider in South Carolina only. Attorneys are responsible for seeking their own credit in other jurisdictions.

Disclaimer: The views expressed in CLE programs and publications do not necessarily reflect the opinions of the South Carolina Bar, its sections, or committees. The South Carolina Bar believes that all Bar members have the right to both meaningful learning and to the exchange of ideas in a civil environment. The Bar reserves the right to remove or exclude any person from a Bar event if that person is causing inappropriate disturbance, behaving in a manner inconsistent with accepted standards of decorum, or in any way preventing fellow Bar members from meaningful participation and learning.

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