Parenting Plans by Jurisdiction of Hawaii - Essay Example

The State of Hawaii requires a parenting plan regarding child custody and visitation. In Chapter 571 of the Hawaii Revised Statutes, specific legislation regarding child custody and parenting plan issues is incorporated. The best interest of the child is the prime factor in the State’s ruling on family law matters involving children. The best interest of the child includes the child’s needs and the child’s welfare such as the quality care of each parent, educational and emotional needs, overall caregiving and the mental health of each parent. Parenting plans must be in writing and must integrate important aspects of the law adhering to the best interest of the child.

HRS 571-46.5 requires that a parenting plan be submitted by both parents in a disputed child custody proceeding.  Both parties have the option to submit a joint or individual parenting plan. Parties involved must mutually agree on the proposed parenting plan if they were to submit it jointly. But if they have individual desires, they are mandated to submit their recommended parenting plans separately. Joint custody does not have to mean that each parent gets equal time with the child. What is essential is for them to share custody and come up with a custody schedule where both parents get involved with the child.

A parenting plan must contain details concerning child visitation, schedules, decision-making designation, access to important records or information and other provisions concerning the child.  Detailed information regarding child visitation schedules and residential schedules is a must to avoid timetable overlap and future arguments. Regarding the schedule for holidays, birthdays and vacations, it should include when the schedule begins, when it will end and a provision for an additional day extension. When it comes to decision-making and other responsibilities of each parent, a parenting plan should be clear on who’s assigned on what responsibility especially in non-emergency medical care, attending school activities and transporting the child to extracurricular events. In the case of an infant child, provisions concerning the decision whether to breastfeed or formula-fed the child must be included in the parenting plan. There are also instances when parents fight over the rights to the child’s records and religious affiliations and activities. In this case, the State of Hawaii suggests that a provision for this be included in the parenting plan. It should also contain details on provisions for telephone access and must define the extent of the means of communication with each parent. Moreover, a detailed parenting plan should provide who will be responsible for incurred expenses of the child during parental and location exchanges and the boundaries the parent can relocate a child. Moreover, a parenting plan must not be limited to what already exists but should provide a provision for modifying the parenting plan including a method for enforcing or resolving future discrepancies.

The parenting plan is a binding, legal document in the State of Hawaii and serves as a reference to the regulations that parents should follow if they are raising their children separately. The State of Hawaii is very liberal in allowing as many details and provisions primarily geared toward the best interest of the child.

California is a neighbouring state of Hawaii and like the latter, California also incorporates parental plans into their court order. California Family Law Resources requires a detailed parental plan and allows the inclusion of several provisions and customization to accommodate both parents’ lifestyles and work schedules to the best interest of the child.