When parents file for divorce in North Carolina, the court’s primary concern is the well-being of the children. In an uncontested divorce, this responsibility doesn’t disappear just because the parents are cooperative. In fact, if you have minor children and you’re filing for an uncontested divorce in Asheville, you’ll still need to address custody and support in a way that meets both state law and judicial expectations.
One of the most important tools in this process is the parenting plan. This document outlines how legal custody, physical custody, visitation, and decision-making will be shared after the divorce. Judges in Buncombe County want to see detailed, enforceable, and realistic parenting plans—especially when the case is uncontested and there is no formal custody hearing.
This article explains when a parenting plan is required, what it must include to be accepted by the court, and how working with an experienced Asheville uncontested divorce attorney can help ensure your divorce moves forward without unnecessary delays.
Is a Parenting Plan Legally Required in an Uncontested Divorce?
In North Carolina, you are not required to file a parenting plan in every divorce involving children. However, if your divorce includes a request for custody, or if you want the court to incorporate your custody arrangement into the divorce judgment, you will need to submit a parenting plan or custody agreement.
In an uncontested divorce in Asheville, many couples prefer to:
- Resolve custody and visitation privately
- Submit a joint parenting agreement
- Avoid court-mandated mediation or hearings
This approach is efficient and avoids litigation, but the parenting plan still needs to satisfy the court. Judges must ensure that any agreement involving children is in the child’s best interests before they will approve and incorporate it.
When Is a Parenting Plan Reviewed by the Court?
A parenting plan is reviewed by the court in the following scenarios:
- When custody is requested in the divorce complaint
- When a separation agreement or consent order includes custody terms
- When child support is being determined based on overnights
- When parents want the agreement to be enforceable as a court order
If your agreement is part of a private contract and you do not ask the court to incorporate it, the court may not review the details—but you must still confirm that custody and support have been addressed. Judges in Asheville routinely reject divorce filings when child-related matters are omitted or poorly addressed.
To ensure a smooth process, an Asheville uncontested divorce attorney will help draft a parenting plan that aligns with both legal standards and your family’s needs.
What Must a Valid Parenting Plan Include?
To be valid and enforceable, your parenting plan should be clear, detailed, and child-focused. The court is not looking for perfection, but it must see a workable plan that promotes the child’s welfare.
1. Legal Custody
Define who has legal custody, or the right to make major decisions about the child’s:
- Education
- Healthcare
- Religious upbringing
- Extracurricular activities
Options include:
- Joint legal custody (both parents share decision-making)
- Sole legal custody (one parent has final authority)
In uncontested cases, most parents choose joint legal custody, but it must be clearly stated.
2. Physical Custody and Residential Schedule
Clearly outline:
- Where the child will live
- The weekly or biweekly schedule
- School-year and summertime arrangements
- Exchange times and locations
Ambiguous terms like “shared custody as agreed” are not acceptable. The judge must see a specific, reliable structure—even if the parents expect to be flexible in practice.
3. Holiday and Vacation Schedules
Spell out who will have the child on:
- Thanksgiving
- Christmas and winter break
- Spring break
- Mother’s Day and Father’s Day
- Birthdays
- Summer vacation
Alternating holidays and rotating schedules year-to-year are common. Specify pickup times and dates.
4. Transportation Arrangements
Define:
- Which parent will handle transportation to and from exchanges
- Where exchanges will take place
- How delays or cancellations will be handled
Judges want to ensure the child will be transferred safely and consistently.
5. Communication Guidelines
Include rules or expectations for:
- Phone or video calls between the child and the non-custodial parent
- Communication between parents regarding school events, medical appointments, or emergencies
- Use of apps or platforms (e.g., OurFamilyWizard, TalkingParents)
Effective communication helps prevent conflict and ensures both parents remain informed.
6. Dispute Resolution Clause
Even in cooperative relationships, disagreements may arise. Your parenting plan should outline how future disputes will be addressed, such as:
- Mediation before court
- Joint decision-making with fallback to one parent
- Periodic reviews of the parenting schedule
Having a conflict resolution plan in place reassures the court that both parents are focused on stability and consistency.
7. Child Support Acknowledgment
While child support is typically handled separately, the parenting plan should acknowledge that support has been determined or will be handled through:
- A worksheet based on North Carolina Child Support Guidelines
- A consent order filed alongside the parenting plan
- A mutual agreement to deviate, with explanation
Judges want to ensure that financial support for the child is not overlooked.
When Should You File the Parenting Plan?
In an uncontested divorce, the parenting plan should be finalized and filed before or at the time of final judgment. If you want the court to incorporate the plan into the divorce decree, it must be submitted with the Motion for Summary Judgment or presented at the final hearing.
Filing too late can delay the divorce. If a judge sees a reference to custody or support but no supporting documentation, the court may require revisions, supplemental filings, or a separate custody action.
Your Asheville uncontested divorce attorney will coordinate the filing timeline to avoid these issues.
Should the Parenting Plan Be Incorporated or Kept Separate?
You have two options for how the parenting plan is treated legally:
1. Incorporation into the Divorce Judgment
- Becomes part of a court order
- Enforceable through contempt proceedings
- Offers stronger legal enforcement
- More visible in public court records
2. Private Contract (Not Incorporated)
- Enforceable only through breach of contract claims
- Offers more privacy
- Less judicial oversight
In most cases involving children, incorporation is recommended. It gives both parents stronger protection and ensures quicker remedies if one party violates the agreement. An Asheville uncontested divorce attorney can explain the pros and cons and help you choose the best approach for your situation.
Common Mistakes to Avoid in Parenting Plans
A poorly drafted parenting plan can lead to delays, disputes, or outright rejection by the court. Here are some frequent errors:
Vague Language
Avoid terms like:
- “The parties will share custody as they see fit”
- “Visitation will be flexible based on the child’s needs”
- “The parents will alternate weekends unless something comes up”
Judges need specificity to ensure stability for the child.
Incomplete Schedules
Include all major holidays, breaks, and summer arrangements. Many couples forget about:
- Teacher workdays
- Early release days
- Travel considerations for out-of-town parents
No Backup Plan for Disputes
Even if you get along now, a plan for handling disagreements gives both parties confidence. Mediation clauses are particularly helpful.
Conflicting Terms
If your separation agreement includes custody terms that conflict with your parenting plan, the court may reject the filing or require clarification.
An Asheville uncontested divorce attorney will review all related documents to ensure consistency and compliance.
Does the Judge Have to Approve the Parenting Plan?
Yes. Even in an uncontested divorce, the court has a duty to ensure that any parenting plan serves the child’s best interests. Judges in Asheville routinely reject or request revisions to parenting plans that:
- Are vague or incomplete
- Leave one parent without clear access or decision-making authority
- Ignore school schedules or holidays
- Deviate from child support guidelines without explanation
Judges do not override parental decisions without reason, but they will intervene if the agreement appears to jeopardize the child’s well-being or violates legal standards.
What If We Change the Parenting Plan Later?
Life changes. Children grow, parents relocate, schedules shift. If both parents agree, a parenting plan can be modified at any time by signing a new agreement.
If the original plan was incorporated into the divorce judgment, any modification should also be incorporated to ensure enforceability.
If parents disagree about a change, the court may require mediation or a new custody hearing to determine whether modification is appropriate. A significant change in circumstances must be shown.
An Asheville uncontested divorce attorney can assist with both agreed and contested modifications.
Can We Have an Uncontested Divorce Without a Parenting Plan?
No. If you have minor children and want the court to finalize your divorce, you must address custody and support. This may be done through:
- A separation agreement with detailed parenting terms
- A consent order submitted to the court
- A stand-alone parenting plan incorporated into the divorce judgment
Failure to include these items will delay your divorce. The court must ensure that all issues concerning the children are resolved before granting a final judgment.
Frequently Asked Questions (FAQ)
Do we need a parenting plan if we agree on everything?
Yes. Even if you agree, the court requires a written plan that outlines custody, parenting time, and decision-making. Agreement alone is not enough without documentation.
Can we write our own parenting plan?
Yes, but it must be detailed, clear, and legally compliant. Many couples choose to have an Asheville uncontested divorce attorney draft or review the plan to ensure court approval.
Do we file the parenting plan with the complaint?
Not necessarily. Most plans are filed closer to the final hearing or summary judgment. However, having it ready early helps streamline the process.
What if our parenting plan is private and not incorporated?
You can choose to keep the plan as a private contract. Just know that enforcement may be more complicated if one party doesn’t follow it.
Is the parenting plan part of the separation agreement?
It can be. Many couples include custody terms in their separation agreement. Just be sure the terms are consistent across all documents.
Can the parenting plan be modified later?
Yes, either by mutual agreement or court order if circumstances change significantly. Modifications should be formalized in writing and may require court approval if incorporated.
Do both parents have to sign the plan?
Yes. A valid parenting plan must be signed and preferably notarized by both parents. One-sided plans are not enforceable.
What if the judge doesn’t approve our plan?
The judge may require revisions or request a hearing. A well-drafted plan from an Asheville uncontested divorce attorney can prevent this outcome.
Can the parenting plan include child support?
It can reference child support, but a separate worksheet and consent order are usually required for calculation and enforcement.
What happens if we don’t file a parenting plan at all?
Your divorce may be delayed or denied. The court cannot finalize a divorce involving children without clear, legally compliant custody and support terms.
Parenting plans are a vital part of any uncontested divorce involving children in Asheville. They provide structure, protect parental rights, and ensure that children’s needs remain at the forefront of the legal process. While the court allows flexibility, it expects clarity and enforceability.
A detailed parenting plan can mean the difference between a smooth, uncontested divorce and a drawn-out, contested dispute. Working with an experienced Asheville uncontested divorce attorney ensures that your plan is legally sound, logically structured, and accepted by the court—so you can move forward confidently with your family’s future secured.
The McKinney Law Group: Affordable Legal Help for Uncontested Divorce in Asheville
If you and your spouse agree on how to separate, you shouldn’t have to spend thousands to make it legal. At The McKinney Law Group, we offer affordable uncontested divorce services to help Asheville residents move forward quickly and peacefully.
We provide:
✔ Flat-rate uncontested divorce packages
✔ Help with custody, support, and asset division
✔ Professional preparation and filing of all documents
✔ Clear answers to your legal questions
✔ Step-by-step assistance until your case is finalized
Call 828-929-0642 or email [email protected] to learn more.