Crafting a Parenting Plan for Unwed Parents

June 25, 2011

Making arrangements for child custody and visitation can be difficult in the best of situations, but even more so if the parents are unmarried. Unwed parents have to work even harder to ensure that the best interests of their children are protected when making decisions about child custody and parenting time (perhaps better known as "visitation"). Since roughly 40 percent of children are now born out of wedlock, issues surrounding parenting plans for the children of unmarried parents are more important than ever.

While it is always advisable to craft a comprehensive parenting plan with the assistance of skilled family law attorney, many couples are now -- in the interest of saving money -- trying to come up with a framework for custody and visitation themselves. It is possible to create a workable parenting plan that keeps the best interests of your children at heart without the aid of a lawyer, but guidelines set forth in Virginia law need to be followed or the plan is likely to be accepted by a family court.

What Factors Does the Court Consider?

Virginia Code Section 20-124.3 sets forth the factors that family court judges consider when making custody or visitation decisions that are in the best interests of the children; they include:
- Age, physical condition and mental health of each child involved
- Age, physical condition, criminal history, substance abuse issues and mental health of the parents
- Relationship between each parent and the child
- Role each parent has played in the life of the child to date

Unwed parents can greatly increase their chances of successfully seeking custody or parenting time with their children by working with an experienced family law attorney, but by putting their children's needs first, it is possible to come up with a mutually workable custody and visitation arrangement.

Article provided by Michael A. Ward, P.C.
Visit us at www.wardlegal.com