A parenting plan is the written schedule and set of rules for raising your children in two homes. In Pennsylvania it usually covers the regular schedule, holidays and vacations, school and religion, health care, child care, transportation, and how you will settle future disagreements, which are the topics listed in 23 Pa.C.S. § 5331. In a collaborative or mediated case, parents build the plan together and then submit it to the court as a consent order.
The plan is often the most important document in a divorce with children, because you will live with it every week for years. This page explains the custody terms Pennsylvania uses, what a complete plan includes, and how parents build one without a courtroom. For the broader approach, see our collaborative family law page.
How parents build a plan, step by step
- Describe the children. Ages, school, activities, health needs, friendships, and anything that makes each child's week work.
- Describe the parents' lives. Work schedules, distance between homes, travel, and support from extended family.
- Choose the custody structure. Legal custody (decision-making) and physical custody (where the children live and when).
- Build the regular schedule. A weekly or two-week rotation that fits school and work.
- Add holidays, birthdays and vacations. These are the most common sources of later conflict, so be specific.
- Cover the practical rules. School, religion, health care, child care, transportation, communication.
- Agree on how to handle changes and disputes. A process for adjusting the plan and resolving disagreements.
- Test it if you can. Some families try a schedule for a few weeks before finalizing it.
- Make it an order. Submit it as a consent custody order so it is enforceable; see turning a custody agreement into an order.
The custody terms Pennsylvania uses
When a court awards custody, it may choose among seven types, after considering the factors in § 5328 and only if the award is in the child's best interest (23 Pa.C.S. § 5323(a)). Parents writing their own plan usually use the same vocabulary, so the order is clear to everyone, including schools and doctors.
| Type | In plain words |
|---|---|
| Shared legal custody | Both parents share major decisions, such as school, health care and religion |
| Sole legal custody | One parent makes major decisions |
| Shared physical custody | The children spend significant time living with each parent |
| Primary physical custody | The children live mainly with one parent |
| Partial physical custody | A parent has the children for less than a majority of the time |
| Sole physical custody | The children live only with one parent |
| Supervised physical custody | Time with a parent is supervised by another adult or agency |
These plain-word descriptions follow the definitions in 23 Pa.C.S. § 5322; for example, primary physical custody is the right to physical custody for the majority of time, and supervised physical custody is time monitored by an agency or an adult designated by the court or agreed on by the parents. Every custody order must include notice of each parent's obligations under the relocation statute (§ 5323(c)), which matters if either parent later wants to move; see moving after a custody agreement.
What a complete plan covers
When a court asks parents in a contested case to submit parenting plans, § 5331(b) lists what each plan must include. Collaborative and mediating parents use the same list as a checklist:
- the schedule for personal care and control of the child, including parenting time, holidays and vacations;
- the education and religious involvement, if any, of the child;
- the health care of the child;
- child-care arrangements;
- transportation arrangements;
- a procedure for resolving proposed changes, disputes and alleged breaches, through mediation, arbitration or other means;
- any matter the court specifies; and
- any other matter that serves the child's best interest.
Section 5331(a) also says a parenting plan, and a party's position in it, is not admissible as evidence by another party. That protects parents who put forward proposals in good faith.
Using the custody factors as a guide
Even when parents agree, it helps to know what a judge would weigh, because the factors describe what children need. Under § 5328(a), courts give substantial weight to factors affecting the child's safety, and also consider which parent is more likely to encourage contact with the other, each parent's ability to provide stability and continuity, the need for stability in education and community life, sibling relationships, the child's well-reasoned preference, the distance between homes, each parent's work schedule and child care, and history of drug or alcohol abuse, among others. Our guide on Pennsylvania custody factors in an agreement walks through them.
For a short overview of how families use the collaborative approach for parenting plans, see how collaborative family law can help resolve family disputes.
Help with the plan
Parents do not have to design the plan alone. In a collaborative case, a neutral child specialist can bring the children's needs and perspective into the meetings; see who is on a collaborative divorce team. In mediation, a neutral mediator helps both parents work through each topic; see how family mediation works.
If a custody case is filed in Allegheny County, the Family Division requires the Generations program each time a custody complaint or petition is filed: a four-hour online co-parenting course called Able to Adjust, followed by a remote mediation session. Many parents find the course useful even before they file. See our Pittsburgh and Allegheny County page and when courts send custody cases to mediation.
Schedules by age: what parents often consider
There is no Pennsylvania formula that assigns a schedule by age, and every family is different. Still, parents commonly think about age when choosing a rotation. Very young children often do better with shorter, more frequent time with each parent, because long gaps are hard for them. School-age children need a schedule that keeps homework, school transport and activities manageable, so the distance between homes and the school day matter a great deal. Teenagers increasingly have their own commitments, jobs and views, and the custody factors give weight to a child's well-reasoned preference based on maturity and judgment. Building a review point into the plan, for example at the start of middle school, lets the schedule grow with the children rather than forcing a fight when it no longer fits.
Communication rules worth writing down
Many conflicts after divorce are not about the schedule at all but about how parents communicate. Plans that last often include a few simple rules: which channel parents use for scheduling (a shared calendar or a co-parenting app, rather than texts through the children); how quickly non-urgent messages are answered; how each parent shares school notices, report cards and medical information; how phone or video calls with the children work during the other parent's time; and how new partners are introduced. Writing these down feels unnecessary when things are calm, but it gives both parents a shared reference when they are not.
What changes the answer
- Safety. Where there is abuse, safety conditions and supervised custody may be needed, and cooperative processes may not be appropriate.
- Distance. Homes in the same school district allow very different schedules from homes an hour apart.
- Ages. Younger children often need shorter gaps between time with each parent; teenagers have their own commitments.
- Support. The schedule can affect child support; see child support when parents settle.
- Future changes. A good dispute-resolution clause makes later adjustments easier.
A worked example
For example, imagine hypothetical parents Nora and Will, with children aged 6 and 11 in the same school district. They choose shared legal custody and shared physical custody on a two-week rotation that keeps school nights steady. They alternate Thanksgiving, split winter break in half, and give each parent two summer weeks for travel. The plan names the pediatrician, sets a rule that both parents attend parent-teacher conferences, says who drives to Saturday activities, and requires a mediation session before either files a petition. This is an illustration only, not a recommended schedule.
Common mistakes
- Vague holiday terms. "Alternate holidays" without dates and times invites disputes.
- A schedule built for adults. Test it against the children's real week.
- No dispute process. Without one, every disagreement becomes a court question.
- Leaving it as a private agreement. A consent order makes it enforceable.
- Ignoring transportation. Who drives, and where exchanges happen, matter more than people expect.
What to do this week
- Write down each child's weekly routine, school calendar and activities.
- Sketch two or three possible schedules.
- List the holidays and days that matter most to your family.
- Note any safety concerns and share them privately with your lawyer.
- Read the custody factors with the children in mind.
Frequently asked questions
Is shared custody the default in Pennsylvania?
No type is a default. Courts choose the type that serves the child's best interest after weighing the § 5328 factors; parents can agree on any type.
Do we have to file a parenting plan with the court?
A court may require plans in contested cases. Parents who agree usually submit the plan as a consent custody order.
Can the children choose where to live?
A child's well-reasoned preference, based on maturity and judgment, is one factor among many; it does not decide the case alone.
What if we disagree about one part of the plan?
You can settle the rest and use mediation or a court ruling for the remaining issue.
Does the plan cover religion?
It can. Section 5331 lists education and religious involvement, if any, as plan topics.
Can we change the plan later?
Yes, by agreement through an amended order, or by petition to serve the child's best interest under § 5338.
