Dispute Resolution Services (DRS) : Topics to be Resolved : Parenting

We help our clients create parenting plans for all types of situations including those involving separation, divorce, and unmarried parents. We also assist parents who need to review, modify or enforce their existing parenting plans or custody arrangements.

Historical Context
Prior to the year 2000, the legal terms used to describe arrangements for minor children were limited to (1) “legal custody”, which could be “joint” or “sole” (2) “physical custody” (also joint or sole) and (3) “visitation”. These terms did not always adequately describe the parents’ intentions and often led to conflict because of their seemingly adversarial connotation to many parents.

In 2000, the Minnesota Legislature revised the law to add “Parenting Plans” as an alternative to the older terms. Parenting Plans contain the parents’ agreements about the children’s residence and schedule. Such plans also contain the agreed upon process for making major decisions about the children in the future. Parents must specify how they will plan for the child’s education, medical care, and religious upbringing. Their plan may also cover other areas such as extra-curricular activities, sports, and lessons or selection of childcare providers for young children. Every Parenting Plan must include a process for resolving any future disagreements regarding the children’s upbringing.

Parenting Solutions with DRS
DRS clients may create their own parenting plan from scratch, and it need not be lengthy. As an alternative, DRS can provide a comprehensive written template covering all possible aspects of parenting. The parents may choose to work jointly or individually on the plan using either method, as well as decide which portions will be accomplished during or outside of a mediation session.

Some parents may need additional assistance to determine what schedule is best for their children’s unique needs. In that event, the DRS mediator may refer the family to a parenting resource with vast experience in these areas. Depending on the circumstances, this expert may be a child specialist, a parenting consultant, or an evaluator.

If the parents are represented by counsel, the attorneys will be involved in the selection of the resource. Typically both parents visit with the expert together and participate with the expert in designing her or his process. Often the parenting specialist makes an oral report in the context of a mediation session, and the mediator assists the parents in clarifying any recommendations and achieving agreement on their plan.

Some parents choose to review their parenting plan on a periodic basis, or when certain milestones have occurred. DRS mediators can facilitate such a review. We can also assist if the parents are discussing, but cannot agree, on a modification to their plan. Finally, DRS can also assist if there is a question regarding compliance with the plan.

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