Parenting Plans
Regardless of whether your child is of a marital relationship or not, the law is clear that all parents should have reasonable access to their children. The distinction to be made between wed and unwed parents is that parenting time is not automatic to an unwed parent. If a father wants to enforce parenting time with his child, and he was never married to the mother, he will have to establish parentage first. A Court will have to determine that it is in the best interest of the child before it allows a father to establish his parentage.
In determining parenting time a Court may consider any of the following factors:
1) an agreement by the parties
2) the length of time the child has been in the care and control of any person other than a parent and the circumstances related thereto
3) desires of the child's parents
4) desires of the child (don't count on this one)
5) the interaction and interrelationship of the child with the parents, siblings, and any other person who may significantly affect the child's best interests.
6) the child's adjustment to the child's home, community, and school.
7) the willingness and ability of each parent to respect and appreciate the bond between the child and the other parent and to allow for a continuing relationship between the child and the other parent
8) whether parenting time would endanger the child's physical, mental, moral , or emotional health.
Since the Court has the authority to order any parenting plan that is in the best interest of the child, it can issue an order that all parenting time be supervised. In the event of a parent becoming involved later in the child's life, a Court will often order a gradual increase in parenting time over a period of several months so that a child can ease into the situation.
Parenting plans can be enforced with contempt proceedings against the offending parent. Attorney's fees can be requested against a party found to be in contempt of Court.
Below are links to the Johnson & Shawnee County Family Law Guidelines that contain standard parenting plans and parenting time orders.