PARENTING STANDARDS
Parenting classes teach divorcing, separating, or never-married parents conflict resolution skills they need to minimize the impact of their separation on their children. Many jurisdictions mandate such classes for any party involved in a divorce, legal separation, annulment, separate maintenance, guardianship, paternity, child support, custody, visitation, or dissolution case.
Alaska
Before granting a final decree in divorce, custody, or dissolution cases, the Alaska court system requires completing parenting classes. The parent education requirements for you will depend on your courts location.
Arizona
Arizona Code § 25-351 - Domestic relations education; plan; administration
A. The superior court in each county shall adopt and implement an educational program for the purpose of educating persons about the impact of divorce on adults and children.
This is a course mandated by the Arizona Legislature to help educate parents about the impact of divorce, family reorganization, and family litigation upon children. It will provide you with useful information to help minimize any harmful effects upon your children during what may be a very difficult time in your child's life.
Arkansas
Arkansas Code § 9-12-322 - Parenting Classes
(a) When the parties to a divorce action have minor children residing with one (1) or both parents, the court, prior to or after entering a decree of divorce, may require the parties to:
(1) Complete at least two (2) hours of classes concerning parenting issues faced by divorced parents; or
(2) Submit to mediation in regard to addressing parenting, custody, and visitation issues.
(b) Each party shall be responsible for his or her cost of attending classes or mediation.
(c) The parties may:
(1) Choose a mediator from a list provided by the judge of those mediators who have met the Arkansas Alternative Dispute Resolution Commission's requirement guidelines for inclusion on a court-connected mediation roster; or
(2) Select a mediator not on the roster, if approved by the judge.
(d) A party may move to dispense with the referral to mediation for good cause shown.
California
In California, mediation is mandatory for parties involved in custody. The provider is usually Family Court Services in each county’s superior court. Orange County Superior Court offers a useful question-and-answer sheet about mandatory family mediation. Family law facilitators in each county assist pro se parties with support and other family law matters. Parent education programs for individual counties are listed below.
Colorado
The language of Colorado's Parental Education Law is permissive (“A court may order a parent…”), not mandatory, but nearly all Colorado judicial districts now require proof of parents’ completion of such parenting education classes, as a prerequisite to domestic relations court orders, especially decrees of dissolution of marriage or of legal separation.
Connecticut
Connecticut Code § 46b-69b - Parenting education program
The Judicial Department shall establish a parenting education program for parties involved in any action before the Superior Court under section 46b-1, except actions brought under section 46b-15 and chapter 815t. For the purposes of this section, "parenting education program" means a course designed by the Judicial Department to educate persons, including unmarried parents, on the impact on children of the restructuring of families. The course shall include, but not be limited to, information on the developmental stages of children, adjustment of children to parental separation, dispute resolution and conflict management, guidelines for visitation, stress reduction in children and cooperative parenting.
Delaware
Delaware Code § 1507 - Petition for divorce or annulment
(h) In any case where there are living children of the marriage up to the age of 17, the Court shall order that the parties pay for and participate in a "Parenting Education Course" unless the Court, upon motion, determines that participation in the course is deemed not necessary. The "Parenting Education Course" shall be a course which is certified by the Department of Services for Children, Youth and Their Families to meet the goal of educating divorce litigants on the impact on children of the restructuring of families. The course, in order to be certified by the Department of Services for Children, Youth and Their Families, shall consist of at least 4 hours of instruction and at a minimum provide instruction regarding the following items:
(1) Information on the developmental stages of children;
(2) Adjustment of children to parental separation;
(3) Dispute resolution and conflict management;
(4) Guidelines for visitation;
(5) Stress reduction in children; and
(6) Cooperative parenting.
A litigant who has a demonstrable history of domestic violence shall be ordered to participate in a separate and more intensive course which shall include, at a minimum, the topics required in paragraphs (h)(1) through (6) of this section and education regarding domestic violence, its prevention and its effect upon children. Parties do not have to attend the same course.
Florida
Florida Code § 61.21 - Parenting course authorized; fees; required attendance authorized; contempt
(1) LEGISLATIVE FINDINGS; PURPOSE.—It is the finding of the Legislature that:
(a) A large number of children experience the separation or divorce of their parents each year. Parental conflict related to divorce is a societal concern because children suffer potential short-term and long-term detrimental economic, emotional, and educational effects during this difficult period of family transition. This is particularly true when parents engage in lengthy legal conflict.
(b) Parents are more likely to consider the best interests of their children when determining parental arrangements if courts provide families with information regarding the process by which courts make decisions on issues affecting their children and suggestions as to how parents may ease the coming adjustments in family structure for their children.
(c) It has been found to be beneficial to parents who are separating or divorcing to have available an educational program that will provide general information regarding:
1. The issues and legal procedures for resolving time-sharing and child support disputes.
2. The emotional experiences and problems of divorcing adults.
3. The family problems and the emotional concerns and needs of the children.
4. The availability of community services and resources.
(d) Parents who are separating or divorcing are more likely to receive maximum benefit from a program if they attend such program at the earliest stages of their dispute,
before extensive litigation occurs and adversarial positions are assumed or intensified.
(2) The Department of Children and Family Services shall approve a parenting course which shall be a course of a minimum of 4 hours designed to educate, train, and assist divorcing parents in regard to the consequences of divorce on parents and children.
(a) The parenting course referred to in this section shall be named the Parent Education and Family Stabilization Course and may include, but need not be limited to, the following topics as they relate to court actions between parents involving custody, care, time-sharing, and support of a child or children:
1. Legal aspects of deciding child-related issues between parents.
2. Emotional aspects of separation and divorce on adults.
3. Emotional aspects of separation and divorce on children.
4. Family relationships and family dynamics.
5. Financial responsibilities to a child or children.
6. Issues regarding spousal or child abuse and neglect.
7. Skill-based relationship education that may be generalized to parenting, workplace, school, neighborhood, and civic relationships.
(b) Information regarding spousal and child abuse and neglect shall be included in every parent education and family stabilization course. A list of local agencies that provide assistance with such issues shall also be provided.
(c) The parent education and family stabilization course shall be educational in nature and shall not be designed to provide individual mental health therapy for parents or children, or individual legal advice to parents or children.
(d) Course providers shall not solicit participants from the sessions they conduct to become private clients or patients.
(e) Course providers shall not give individual legal advice or mental health therapy.
(3) Each course provider offering a parenting course pursuant to this section must be approved by the Department of Children and Family Services.
(a) The Department of Children and Family Services shall provide each judicial circuit with a list of approved course providers and sites at which the parent education and family stabilization course may be completed. Each judicial circuit must make information regarding all course providers approved for their circuit available to all parents.
(b) The Department of Children and Family Services shall include on the list of approved course providers and sites for each circuit at least one site in that circuit where the parent education and family stabilization course may be completed on a sliding fee scale, if available.
(c) The Department of Children and Family Services shall include on the list of approved course providers, without limitation as to the area of the state for which the course is approved, a minimum of one statewide approved course to be provided through the Internet and one statewide approved course to be provided through correspondence. The purpose of the Internet and correspondence courses is to ensure that the parent education and stabilization course is available in the home county of each state resident and to those out-of-state persons subject to this section.
(d) The Department of Children and Family Services may remove a provider who violates this section, or its implementing rules, from the list of approved court providers.
(e) The Department of Children and Family Services shall adopt rules to administer subsection (2) and this subsection.
(4) All parties to a dissolution of marriage proceeding with minor children or a paternity action that involves issues of parental responsibility shall be required to complete the Parent Education and Family Stabilization Course prior to the entry by the court of a final judgment. The court may excuse a party from attending the parenting course, or from completing the course within the required time, for good cause.
(5) All parties required to complete a parenting course under this section shall begin the course as expeditiously as possible. For dissolution of marriage actions, unless excused by the court pursuant to subsection (4), the petitioner must complete the course within 45 days after the filing of the petition, and all other parties must complete the course within 45 days after service of the petition. For paternity actions, unless excused by the court pursuant to subsection (4), the petitioner must complete the course within 45 days after filing the petition, and any other party must complete the course within 45 days after an acknowledgment of paternity by that party, an adjudication of paternity of that party, or an order granting time-sharing to or support from that party. Each party to a dissolution or paternity action shall file proof of compliance with this subsection with the court prior to the entry of the final judgment.
(6) All parties to a modification of a final judgment involving a parenting plan or a time-sharing schedule may be required to complete a court-approved parenting course prior to the entry of an order modifying the final judgment.
(7) A reasonable fee may be charged to each parent attending the course.
(8) Information obtained or statements made by the parties at any educational session required under this statute shall not be considered in the adjudication of a pending or subsequent action, nor shall any report resulting from such educational session become part of the record of the case unless the parties have stipulated in writing to the contrary.
(9) The court may hold any parent who fails to attend a required parenting course in contempt, or that parent may be denied shared parental responsibility or time-sharing or otherwise sanctioned as the court deems appropriate.
(10) Nothing in this section shall be construed to require the parties to a dissolution of marriage to attend a court-approved parenting course together.
(11) The court may, without motion of either party, prohibit the parenting course from being taken together, if there is a history of domestic violence between the parties.
Georgia
Georgia Rule 24.8 - Court mandated programs in domestic relations cases
A) There may be established by any superior court circuit a program designed to educate the parties to domestic relations actions in regard to the effects of divorce on minor children of the marriage. Establishment of the program shall be by majority vote of the judges of the circuit or by the chief judge, in the event of a tie vote by all judges.
B) The superior court judges, under whose authority the program shall function, may require any or all parties to attend an educational seminar of no more than four hours in and domestic relations action before the court. The program may be administered by the court or by contract with a private agency. The seminar shall be conducted by qualified personnel whose professional and educational experiences include a knowledge of children and families.
C) The seminar shall focus on the effects of divorce on children, specifically as it relates to the parents actions during and after the separation, and as it relates to the children at different developmental stages. Specific attention should be given to the effects of the economics of divorce on children.
D) The court or contracted agency may charge each participant a fee, provided there is a fee waiver procedure in cases of indigent parties. The fee may be assessed in addition to court costs against either party in the discretion of the judge. The program shall be non profit.
E) The mandate of attendance shall be by court order with the assigned judge retaining the discretion to waive attendance for good cause shown. Such good cause may include: a party's non residence in Georgia or in the county in which the action is pending or the reasonable availability of a similar program to the party or other such reasonable causes which indicate to the court that a party should not be required to complete the program. The court may, in its discretion, accept alternative counseling covering the subject matter of the required seminar. Unless waived, the failure to successfully complete the seminar shall be cause for appropriate action by the assigned judge, including but not limited to, withholding the final decree of divorce, attachment for contempt and award of attorneys fees and costs.
F) The assigned judge may, as a discretionary matter, grant a final decree of divorce completion of the seminar, but shall retain authority to impose sanctions upon either party who fails or refuses to comply with the order to attend and complete the Seminar.
G) The various courts which have established a seminar may make reciprocal agreements which would allow a party to attend an approved out of counts seminar as a substitute for attending the seminar held in the county in which the action is pending.
Illionis
Illionis Code § 924 - Parenting Education Requirement
(a) Program. Each circuit or county shall create or approve a parenting education program consisting of at least four hours covering the subjects of visitation and custody and their impact on children.
(b) Mandatory Attendance. Except when excused by the court for good cause shown, all parties shall be required to attend and complete an approved parenting education program as soon as possible, but not later than 60 days after an initial case management conference. In the case of a default or lack of jurisdiction over the respondent, only the petitioning party is required to attend but if the respondent later enters an appearance or participates in postjudgment proceedings, then the party who has not attended the program shall attend. The court shall not excuse attendance unless the reason is documented in the record and a finding is made that excusing one or both parents from attendance is in the best interests of the child.
(c) Sanctions. The court may impose sanctions on any party willfully failing to complete the program.
Iowa
Iowa Code § 598.19A - Mandatory course--parties to certain proceedings
1. The court shall order the parties to any action which involves the issues of child custody or visitation to participate in a court-approved course to educate and sensitize the parties to the needs of any child or party during and subsequent to the proceeding within forty-five days of the service of notice and petition for the action or within forty-five days of the service of notice and application for modification of an order. Participation in the course may be waived or delayed by the court for good cause including, but not limited to, a default by any of the parties or a showing that the parties have previously participated in a court-approved course or its equivalent. Participation in the course is not required if the proceeding involves termination of parental rights of any of the parties. A final decree shall not be granted or a final order shall not be entered until the parties have complied with this section.
2. Each party shall be responsible for arranging for participation in the course and for payment of the costs of participation in the course.
3. Each party shall submit certification of completion of the course to the court prior to the granting of a final decree or the entry of an order.
4. Each judicial district shall certify approved courses for parties required to participate in a course under this section. Approved courses may include those provided by a public or private entity. At a minimum and as appropriate, an approved course shall include information relating to the parents regarding divorce and its impact on the children and family relationship, parenting skills for divorcing parents, children's needs and coping techniques, and the financial responsibilities of parents following divorce.
5. In addition to the provisions of this section relating to the required participation in a court-approved course by the parties to an action as described in subsection 1, the court may require age-appropriate counseling for children who are involved in a dissolution of marriage action. The counseling may be provided by a public or private entity approved by the court. The costs of the counseling shall be taxed as court costs.
6. The supreme court may prescribe rules to implement this section.
Kentucky
Court Mandated Divorce Education exists in more than half of the state’s 56 judicial circuits. A variety of programs are offered.
Maryland
Maryland Code § 7-103.2.1 - Child support and custody educational seminar
(a) Applicability.- This section applies to an action for divorce in which issues of child support, custody, or visitation are raised.
(b) Participation by all parties.- Prior to granting a decree of divorce, the court may require all parties to participate in an educational seminar that is designed to educate parents about the effects, and to minimize the disruption, of a divorce on the lives of children.
(c) Rules.-
(1) The Court of Appeals shall adopt rules to implement this section.
(2) Rules adopted in accordance with this subsection shall:
(i) provide for the content of the seminar required under this section;
(ii) require successful completion of the seminar by all parties to the action within a certain time after the service of the original complaint upon the defendant;
(iii) establish sanctions for failure to successfully complete the seminar required under this section;
(iv) for purposes of funding the cost of the seminar, establish a fee that:
1. shall be assessed as costs; and
2. may be waived under appropriate circumstances; and
(v) establish criteria for exemption from the requirement that the parties participate in an educational seminar, except that a court may not exempt the parties from attending the educational seminar if there is any evidence of domestic violence or child abuse or neglect.
(d) Contract to provide seminar.- The seminar required under this section may be provided under contract with a public or private agency.
(e) Seminar proceedings inadmissible in divorce proceedings.- Unless the parties stipulate otherwise, any information about a party, including statements or reports, obtained from an educational seminar required by this section, is not admissible during the action for divorce of that party.
(f) Attendance.- This section may not be construed to require the parties to an action for divorce to attend the educational seminar together.
Massachusetts
Probate and family court has established parent education programs in all its divisions, with the exception of the Nantucket division. Attendance and participation at an approved parent education program by all parties to a divorce action in which there are minor children is mandated. A judge may also require the parties in a paternity, modification, or contempt action to attend the program. A list of court-approved providers is available. There are 69 approved programs in the state offering services in 56 locations. The program is offered in Spanish in two locations.
Massachusetts Trial Court, Plymouth County Probate and Family Court Standing Order 1-03, August 1, 2003, regarding parent education program attendance.
Minnesota
Minnesota Code § 518.157 - PARENT EDUCATION PROGRAM IN PROCEEDINGS INVOLVING CHILDREN.
Subdivision 1. Implementation; administration. By January 1, 1998, the chief judge of each judicial district or a designee shall implement one or more parent education programs within the judicial district for the purpose of educating parents about the impact that divorce, the restructuring of families, and judicial proceedings have upon children and families; methods for preventing parenting time conflicts; and dispute resolution options. The chief judge of each judicial district or a designee may require that children attend a separate education program designed to deal with the impact of divorce upon children as part of the parent education program. Each parent education program must enable persons to have timely and reasonable access to education sessions.
Subd. 2. Minimum standards; plan. The Minnesota Supreme Court should promulgate minimum standards for the implementation and administration of a parent education program.
Subd. 3. Attendance. In a proceeding under this chapter where custody or parenting time is contested, the parents of a minor child shall attend a minimum of eight hours in an orientation and education program that meets the minimum standards promulgated by the Minnesota Supreme Court. In all other proceedings involving custody, support, or parenting time the court may order the parents of a minor child to attend a parent education program. The program shall provide the court with names of persons who fail to attend the parent education program as ordered by the court. Persons who are separated or contemplating involvement in a dissolution, paternity, custody, or parenting time proceeding may attend a parent education program without a court order. Unless otherwise ordered by the court, participation in a parent education program must begin within 30 days after the first filing with the court or as soon as practicable after that time based on the reasonable availability of classes for the program for the parent. Parent education programs must offer an opportunity to participate at all phases of a pending or postdecree proceeding. Upon request of a party and a showing of good cause, the court may excuse the party from attending the program. If past or present domestic abuse, as defined in chapter 518B, is alleged, the court shall not require the parties to attend the same parent education sessions and shall enter an order setting forth the manner in which the parties may safely participate in the program.
Subd. 4. Sanctions. The court may impose sanctions upon a parent for failure to attend or complete a parent education program as ordered.
Subd. 5. Confidentiality. Unless all parties agree in writing, statements made by a party during participation in a parent education program are inadmissible as evidence for any purpose, including impeachment. No record may be made regarding a party's participation in a parent education program, except a record of attendance at and completion of the program as required under this section. Instructors shall not disclose information regarding an individual participant obtained as a result of participation in a parent education program. Parent education instructors may not be subpoenaed or called as witnesses in court proceedings.
Subd. 6. Fee. Except as provided in this subdivision, each person who attends a parent education program shall pay a fee to defray the cost of the program. A party who qualifies for waiver of filing fees under section 563.01 is exempt from paying the parent education program fee and the court shall waive the fee or direct its payment under section 563.01. Program providers shall implement a sliding fee scale.
Missouri
Local Court Rules require that in all cases where custody or visitation is to be dealt with that both parents attend a parenting class. The title of the class varies from county to county but the purpose of the program is to help make parents aware of the trauma that children go through as a result of their divorce and to provide parents guidelines for easing the hurt to their children. There is a cost involved in attending a parenting class. It is in addition to the court costs and your attorney’s fees. You should sign up for the appropriate class after filing your first pleading.
Montana
Montana Code § 40-4-226 - Court-sanctioned educational program on effects of dissolution of marriage on children
(1) In a proceeding for dissolution of marriage involving a minor child or in a parenting plan proceeding involving a minor child, a court shall inform the parties, excluding the minor child, of available educational programs concerning the effects of dissolution of marriage on children and, if the court finds that it would be in the best interest of the minor child, shall order the parties to attend a court-sanctioned program. The program may be divided into sessions. The program must be educational in nature and may not be designed for individual therapy.
(2) The cost of implementing the court-sanctioned educational program for each district court, provided for in subsection (1), must be paid by the state as provided in 3-5-901. Costs may include parenting evaluation and guardian ad litem services.
Nebraska
Nebraska Code § 43-2928 - Attendance at basic level parenting education course; delay or waiver; second-level parenting education course; State Court Administrator; duties; costs.
(1) The court shall order all parties to a proceeding under the Parenting Act to attend a basic level parenting education course. Participation in the course may be delayed or waived by the court for good cause shown. Failure or refusal by any party to participate in such a course as ordered by the court shall not delay the entry of a final judgment or an order modifying a final judgment in such action by more than six months and shall in no case be punished by incarceration.
(2) The court may order parties under the act to attend a second-level parenting education course subsequent to completion of the basic level course when screening or a factual determination of child abuse or neglect, domestic intimate partner abuse, or unresolved parental conflict has been identified.
(3) The State Court Administrator shall approve all parenting education courses under the act.
(4) The basic level parenting education course pursuant to this section shall be designed to educate the parties about the impact of the pending court action upon the child and appropriate application of parenting functions. The course shall include, but not be limited to, information on the developmental stages of children, adjustment of a child to parental separation, the litigation and court process, alternative dispute resolution, conflict management, stress reduction, guidelines for parenting time, visitation, or other access, provisions for safety and transition plans, and information about parents and children affected by child abuse or neglect, domestic intimate partner abuse, and unresolved parental conflict.
(5) The second-level parenting education course pursuant to this section shall include, but not be limited to, information about development of provisions for safety and transition plans, the potentially harmful impact of domestic intimate partner abuse and unresolved parental conflict on the child, use of effective communication techniques and protocols, resource and referral information for victim and perpetrator services, batterer intervention programs, and referrals for mental health services, substance abuse services, and other community resources.
(6) Each party shall be responsible for the costs, if any, of attending any court-ordered parenting education course. At the request of any party, or based upon screening or recommendation of a mediator, the parties shall be allowed to attend separate courses or to attend the same course at different times, particularly if child abuse or neglect, domestic intimate partner abuse, or unresolved parental conflict is or has been present in the relationship or one party has threatened the other party.
New Hampshire
CHAPTER 458-D
CHILD CUSTODY AND SUPPORT IMPACT SEMINARS
Section 458-D:1
458-D:1 Purpose. – The purpose of this chapter is to establish a program which would provide a 4-hour mandatory session for married or unmarried parents of minor children who are involved in custody and other issues which involve the children so that the adverse impact on the children of the litigation process and the family's separation will be minimized.
Source. 1993, 282:1, eff. Aug. 20, 1993.
458-D:2 Seminar Required; Court Referral. – In the event of any action before the superior court where the parties are involved with child custody and support issues, and upon the establishment of the program described in this chapter, the clerk of the superior court shall, no later than the defendant's or respondent's filing of an appearance, require the parties to attend a 4- hour information session. This session shall be a seminar on how to help the children deal with the issues surrounding divorce, separation, and custody.
Source. 1993, 282:1, eff. Aug. 20, 1993.
D:3 Seminar. –
I. The seminar shall consist of the following: (a) The seminar shall be conducted by a certified family therapist or other persons certified by the superior court, to inform the parents of the best way to address problems which the children face as the result of the divorce or separation. Presenters shall be a male and a female. (b) Up to 1/2 hour of the session may be a segment on divorce options such as arbitration, mediation, and litigation. II. The session shall be tailored to those issues concerning the children which may be of particular concern during the divorce or separation process including, but not limited to: (a) Understanding the process of divorce or separation: interaction between parent and child, areas of adjustment, and areas of concern. (b) Understanding how children react to the divorce or separation, how to spot problems, what to tell them about divorce or separation, how to keep communication open, and answering questions and concerns they may have about the process. (c) How parents can help their children during the divorce or separation: specific strategies, ideas, tools, and resources for assistance. (d) How parents can help children after the divorce or separation: new family structures, and how to deal with different sets of rules. (e) Making clear that the general goal of cooperation between parents may sometimes be inappropriate, particularly in cases of domestic violence.
Source. 1993, 282:1, eff. Aug. 20, 1993.
Seminar Schedule. – The court shall encourage the presenters to schedule courses so that the seminar is available twice monthly in each county unless the county's population warrants otherwise. One parent need not attend the same seminar as the other parent. In the case of domestic violence, parents shall attend separate sessions. The seminar shall be completed within 45 days of service of the original complaint upon the original defendant.
Source. 1993, 282:1, eff. Aug. 20, 1993.
458-D:5 Disciplinary Action. – Upon a party's failure to complete the seminar pursuant to this chapter, the assigned judge may take appropriate action including, but not limited to, actions for contempt.
Source. 1993, 282:1, eff. Aug. 20, 1993.
458-D:6 Attendance. –
I. An alphabetical list of all parties eligible for the seminar shall be provided to the presenters prior to each seminar. The list may be utilized by the presenters and the court. As parties report to the seminar selected by them, they will provide the presenters with identification, and they will be recorded as present. II. Each person completing the seminar will be given a certificate of attendance to present to the judge at the time of that person's court appearance.
Source. 1993, 282:1, eff. Aug. 20, 1993.
458-D:7 Costs. –
I. Persons attending the seminar shall pay a seminar fee to the presenter. Fees charged by the presenter shall be fair and reasonable as directed by the chief justice of the superior court. II. Presenters shall accept recipients of need-based assistance programs at reduced or no cost and, upon request of the court, shall produce evidence of having done so. III. On the commencement of any custody or support proceeding for which a fee is required, including petitions for divorce with minor children, the court shall charge and collect an additional fee of $2 from the petitioner. These fees shall be in addition to any other fee required by law. These fees shall be deposited into the general fund. Source. 1993, 282:1, eff. Aug. 20, 1993. 2004, 114:3, eff. May 17, 2004. 458-D:8 Waiver. – In order to be exempted from attending a seminar, parties may fill out an exception affidavit in which they shall indicate that they meet one of the exceptions below. The affidavit may be obtained from the clerk of court and may be submitted at any time. Attendance at the seminar shall be waived under the following circumstances: I. A party is incarcerated. II. A party has previously attended the seminar. III. The office of child support enforcement services has brought an action to enforce or modify an existing order. IV. The court finds good cause to grant a waiver on any basis it deems appropriate, including, but not limited to, domestic violence, transportation or child care. Time extensions may be granted. Source. 1993, 282:1, eff. Aug. 20, 1993.
458-D:9 Rulemaking. –
I. The chief justice of the superior court, subject to approval by the supreme court, shall designate the counties for the pilot programs and may establish such rules and orders of practice as are appropriate to effectuate this chapter and administer this program including, but not limited to: (a) Beginning the program statewide on April 1, 1997, after pilot sessions, which shall be conducted in 2 or more counties beginning January 1, 1994, and in Grafton and Rockingham counties beginning July 1, 1996, and shall continue indefinitely to test operation, curriculum, and format. At least one of the pilot programs shall be conducted in a rural county, and one of the pilot programs shall be conducted in an urban county. (b) Certifying public or nonprofit providers to lead the seminar. (c) The form and content of presentation security. (d) Any additional factors deemed necessary. II. The chief justice shall utilize such in-state services as the university of New Hampshire cooperative extension, Child and Family Services of New Hampshire, and other agencies or individuals necessary to effectuate the program. Source. 1993, 282:1. 1995, 134:22; 308:88, eff. July 1, 1995.
458-D:10 Report. – The chief justice shall submit a report on or before January 15, 1995, detailing his findings and any recommendations for changing or repealing this chapter, to the speaker of the house, the senate president, and the governor.
Source. 1993, 282:1, eff. Aug. 20, 1993.
New Jersey
New Jersey Directive #11-99 - Parents' Education Act
Courts in New Jersey are mandated to provide parent education programs.
New York
New York State Unified Court System
New York State Parent Education Advisory Board. Proposed Guidelines, Standards and Requirements for Parent Education Programs: Report of the New York State Parent Education Advisory Board to the Chief Judge and the Chief Administrative Judge.
Ohio
Ohio Code § 3109.053 - Parenting classes or counseling
In any divorce, legal separation, or annulment proceeding and in any proceeding pertaining to the allocation of parental rights and responsibilities for the care of a child, the court may require, by rule or otherwise, that the parents attend classes on parenting or other related issues or obtain counseling before the court issues an order allocating the parental rights and responsibilities for the care of the minor children of the marriage. If a court in any proceeding requires parents to attend classes on parenting or other related issues or to obtain counseling, the court may require that the parents’ children attend the classes or counseling with the parents. If the court orders the parents to attend classes or obtain counseling, the court shall impose the cost of the classes and counseling on, and may allocate the costs between, the parents, except that if the court determines that both parents are indigent, the court shall not impose the cost of the classes or counseling on the parents.
Marrow County
RULE 1 - Seminar for Separating Parents
All parents in Divorce, Legal Separation, or Dissolution actions in which there are minor children shall attend an educational seminar for separating parents prior to the date of the final hearing. No action shall proceed to final hearing until this rule is complied with, however, the court may waive the requirement for good cause shown.
Seminar attendance may be required by court order in connection with post-decree motions seeking a change of parental rights or visitation. One such program is the P.E.A.C.E. program. (offered in the Marion County Court of Common Pleas). Attendance at other similar programs may be acceptable to the court, but parents should contact the court’s administrative assistant for domestic cases to assure that the program meets with court approval.
Oklahoma
Oklahoma Code § 43-107.2 - Actions where minor child involved - Court-ordered educational program
A. In all actions for divorce, separate maintenance, guardianship, paternity, custody or visitation, including modifications or enforcements of a prior court order, where the interest of a child under eighteen (18) years of age is involved, the court may require all adult parties to attend an educational program concerning, as appropriate, the impact of separate parenting and co parenting on children, the implications for visitation and conflict management, development of children, separate financial responsibility for children and such other instruction as deemed necessary by the court. The program shall be educational in nature and not designed for individual therapy.
B. Each judicial district may adopt its own local rules governing the program.
Oregon
Oregon Code § 107.102 - Parenting plan; content
(1) In any proceeding to establish or modify a judgment providing for parenting time with a child, except for matters filed under ORS 107.700 to 107.735, there shall be developed and filed with the court a parenting plan to be included in the judgment. A parenting plan may be either general or detailed.
(2) A general parenting plan may include a general outline of how parental responsibilities and parenting time will be shared and may allow the parents to develop a more detailed agreement on an informal basis. However, a general parenting plan must set forth the minimum amount of parenting time and access a noncustodial parent is entitled to have.
(3) A detailed parenting plan may include, but need not be limited to, provisions relating to:(a) Residential schedule;
(b) Holiday, birthday and vacation planning;
(c) Weekends, including holidays, and school in-service days preceding or following weekends;
(d) Decision-making and responsibility;
(e) Information sharing and access;
(f) Relocation of parents;
(g) Telephone access;
(h) Transportation; and
(i) Methods for resolving disputes.
(4)(a) The court shall develop a detailed parenting plan when:
(A) So requested by either parent; or
(B) The parent or parents are unable to develop a parenting plan.
(b) In developing a parenting plan under this subsection, the court may consider only the best interests of the child and the safety of the parties.
Tennessee
Tennessee Code § 36-6-401 - Parenting Plans
(a) Parents have the responsibility to make decisions and perform other parental duties necessary for the care and growth of their minor children. In any proceeding between parents under this chapter, the best interests of the child shall be the standard by which the court determines and allocates the parties' parental responsibilities. The general assembly recognizes the detrimental effect of divorce on many children and that divorce, by its nature, means that neither parent will have the same access to the child as would have been possible had they been able to maintain an intact family. The general assembly finds the need for stability and consistency in children's lives. The general assembly also has an interest in educating parents concerning the impact of divorce on children. The general assembly recognizes the fundamental importance of the parent-child relationship to the welfare of the child, and the relationship between the child and each parent should be fostered unless inconsistent with the child's best interests. The best interests of the child are served by a parenting arrangement that best maintains a child's emotional growth, health and stability, and physical care.
(b) The general assembly finds that mothers and fathers in families are the backbone of this state and this nation. They teach children right from wrong, respect for others, and the value of working hard to make a good life for themselves and for their future families. Most children do best when they receive the emotional and financial support of both parents. The general assembly finds that a different approach to dispute resolution in child custody and visitation matters is useful.
Texas
Texas Family Code § 105.009 - PARENT EDUCATION AND FAMILY STABILIZATION COURSE
(a) In a suit affecting the parent-child relationship, including an action to modify an order in a suit affecting the parent-child relationship providing for possession of or access to a child, the court may order the parties to the suit to attend a parent education and family stabilization course if the court determines that the order is in the best interest of the child.
(b) The parties to the suit may not be required to attend the course together. The court, on its own motion or the motion of either party, may prohibit the parties from taking the course together if there is a history of family violence in the marriage.
(c) A course under this section must be at least four hours, but not more than 12 hours, in length and be designed to educate and assist parents with regard to the consequences of divorce on parents and children. The course must include information on the following issues:
(1) the emotional effects of divorce on parents;
(2) the emotional and behavioral reactions to divorce by young children and adolescents;
(3) parenting issues relating to the concerns and needs of children at different development stages;
(4) stress indicators in young children and adolescents;
(5) conflict management;
(6) family stabilization through development of a coparenting relationship;
(7) the financial responsibilities of parenting;
(8) family violence, spousal abuse, and child abuse and neglect; and
(9) the availability of community services and resources.
(d) A course may not be designed to provide individual mental health therapy or individual legal advice.
(e) A course satisfies the requirements of this section if it is offered by:
(1) a mental health professional who has at least a master's degree with a background in family therapy or parent education; or
(2) a religious practitioner who performs counseling consistent with the laws of this state or another person designated as a program counselor by a church or religious institution if the litigant so chooses.
(f) Information obtained in a course or a statement made by a participant to a suit during a course may not be considered in the adjudication of the suit or in any subsequent legal proceeding. Any report that results from participation in the course may not become a record in the suit unless the parties stipulate to the record in writing.
(g) The court may take appropriate action with regard to a party who fails to attend or complete a course ordered by the court under this section, including holding the party in contempt of court, striking pleadings, or invoking any sanction provided by Rule 215, Texas Rules of Civil Procedure. The failure or refusal by a party to attend or complete a course required by this section may not delay the court from rendering a judgment in a suit affecting the parent-child relationship.
(h) The course required under this section may be completed by:
(1) personal instruction;
(2) videotape instruction;
(3) instruction through an electronic medium; or
(4) a combination of those methods.
(i) On completion of the course, the course provider shall issue a certificate of completion to each participant. The certificate must state:
(1) the name of the participant;
(2) the name of the course provider;
(3) the date the course was completed; and
(4) whether the course was provided by:
(A) personal instruction;
(B) videotape instruction;
(C) instruction through an electronic medium; or
(D) a combination of those methods.
(j) The county clerk in each county may establish a registry of course providers in the county and a list of locations at which courses are provided. The clerk shall include information in the registry identifying courses that are offered on a sliding fee scale or without charge.
(k) The court may not order the parties to a suit to attend a course under this section if the parties cannot afford to take the course. If the parties cannot afford to take a course, the court may direct the parties to a course that is offered on a sliding fee scale or without charge, if a course of that type is available. A party to a suit may not be required to pay more than $100 to attend a course ordered under this section.
(l) A person who has attended a course under this section may not be required to attend the course more than twice before the fifth anniversary of the date the person completes the course for the first time.
Text of subsec. (m) as added by Acts 2005, 79th Leg., ch. 916, § 6
(m) A course under this section must be available in both English and Spanish.
Text of subsec. (m) as added by Acts 2005, 79th Leg., ch. 1171, § 3
(m) A course under this section in a suit filed in a county with a population of more than two million that is adjacent to a county with a population of more than one million must be available in both English and Spanish.
Utah
Utah Code 30-3-11.3 - Mandatory educational course for divorcing parents -- Purpose -- Curriculum -- Exceptions
(1) The Judicial Council shall approve and implement a mandatory course for divorcing parents in all judicial districts. The mandatory course is designed to educate and sensitize divorcing parties to their children's needs both during and after the divorce process.
(2) The Judicial Council shall adopt rules to implement and administer this program.
(3) As a prerequisite to receiving a divorce decree, both parties are required to attend a mandatory course on their children's needs after filing a complaint for divorce and receiving a docket number, unless waived under Section 30-3-4. If that requirement is waived, the court may permit the divorce action to proceed.
(4) The court may require unmarried parents to attend this educational course when those parents are involved in a visitation or custody proceeding before the court.
(5) The mandatory course shall instruct both parties:
(a) about divorce and its impacts on:
(i) their child or children;
(ii) their family relationship; and
(iii) their financial responsibilities for their child or children; and
(b) that domestic violence has a harmful effect on children and family relationships.
(6) The Administrative Office of the Courts shall administer the course pursuant to Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts and organize the program in each of Utah's judicial districts. The contracts shall provide for the recoupment of administrative expenses through the costs charged to individual parties, pursuant to Subsection (8).
(7) A certificate of completion constitutes evidence to the court of course completion by the parties.
(8) (a) Each party shall pay the costs of the course to the independent contractor providing the course at the time and place of the course. A fee of $8 shall be collected, as part of the course fee paid by each participant, and deposited in the Children's Legal Defense Account, described in Section 51-9-408.
(b) Each party who is unable to pay the costs of the course may attend the course without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of impecuniosity filed in the district court. In those situations, the independent contractor shall be reimbursed for its costs from the appropriation to the Administrative Office of the Courts for "Mandatory Educational Course for Divorcing Parents Program." Before a decree of divorce may be entered, the court shall make a final review and determination of impecuniosity and may order the payment of the costs if so determined.
(9) Appropriations from the General Fund to the Administrative Office of the Courts for the "Mandatory Educational Course for Divorcing Parents Program" shall be used to pay the costs of an indigent parent who makes a showing as provided in Subsection (8)(b).
(10) The Administrative Office of the Courts shall adopt a program to evaluate the effectiveness of the mandatory educational course. Progress reports shall be provided if requested by the Judiciary Interim Committee.
Virginia
Virginia Code § 16.1-278.15 and 20-103
States that the parties to any petition where a child whose custody, visitation or support is contested shall show proof that they have attended within the 12 months prior to their court appearance or that they shall attend within 45 days thereafter an educational seminar or other like program conducted by a qualified person or organization approved by the court. The court may require the parties to attend such seminar or program in uncontested cases only if the court finds good cause. The seminar or other program shall be a minimum of 4 hours in length and shall address the effects of separation or divorce on children, parenting responsibilities, options for conflict resolution and financial responsibilities. Once a party has completed one educational seminar or other like program, the required completion of additional programs shall be at the court’s discretion. Parties under this section shall include natural or adoptive parents of the child, or any person with a legitimate interest as defined in Section 20-124.1.
Washington
Washington RCW Section 26.09.184 - Permanent parenting plan
(1) OBJECTIVES. The objectives of the permanent parenting plan are to:
(a) Provide for the child's physical care;
(b) Maintain the child's emotional stability;
(c) Provide for the child's changing needs as the child grows and matures, in a way that minimizes the need for future modifications to the permanent parenting plan;
(d) Set forth the authority and responsibilities of each parent with respect to the child, consistent with the criteria in RCW 26.09.187 and 26.09.191;
(e) Minimize the child's exposure to harmful parental conflict;
(f) Encourage the parents, where appropriate under RCW 26.09.187 and 26.09.191, to meet their responsibilities to their minor children through agreements in the permanent parenting plan, rather than by relying on judicial intervention; and
(g) To otherwise protect the best interests of the child consistent with RCW 26.09.002.
(2) CONTENTS OF THE PERMANENT PARENTING PLAN. The permanent parenting plan shall contain provisions for resolution of future disputes between the parents, allocation of decision-making authority, and residential provisions for the child.
(3) CONSIDERATION IN ESTABLISHING THE PERMANENT PARENTING PLAN. In establishing a permanent parenting plan, the court may consider the cultural heritage and religious beliefs of a child.
(4) DISPUTE RESOLUTION. A process for resolving disputes, other than court action, shall be provided unless precluded or limited by RCW 26.09.187 or 26.09.191. A dispute resolution process may include counseling, mediation, or arbitration by a specified individual or agency, or court action. In the dispute resolution process:
(a) Preference shall be given to carrying out the parenting plan;
(b) The parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support, unless an emergency exists;
(c) A written record shall be prepared of any agreement reached in counseling or mediation and of each arbitration award and shall be provided to each party;
(d) If the court finds that a parent has used or frustrated the dispute resolution process without good reason, the court shall award attorneys' fees and financial sanctions to the prevailing parent;
(e) The parties have the right of review from the dispute resolution process to the superior court; and
(f) The provisions of (a) through (e) of this subsection shall be set forth in the decree.
(5) ALLOCATION OF DECISION-MAKING AUTHORITY.
(a) The plan shall allocate decision-making authority to one or both parties regarding the children's education, health care, and religious upbringing. The parties may incorporate an agreement related to the care and growth of the child in these specified areas, or in other areas, into their plan, consistent with the criteria in RCW 26.09.187 and 26.09.191. Regardless of the allocation of decision-making in the parenting plan, either parent may make emergency decisions affecting the health or safety of the child.
(b) Each parent may make decisions regarding the day-to-day care and control of the child while the child is residing with that parent.
(c) When mutual decision making is designated but cannot be achieved, the parties shall make a good-faith effort to resolve the issue through the dispute resolution process.
(6) RESIDENTIAL PROVISIONS FOR THE CHILD. The plan shall include a residential schedule which designates in which parent's home each minor child shall reside on given days of the year, including provision for holidays, birthdays of family members, vacations, and other special occasions, consistent with the criteria in RCW 26.09.187 and 26.09.191.
(7) PARENTS' OBLIGATION UNAFFECTED. If a parent fails to comply with a provision of a parenting plan or a child support order, the other parent's obligations under the parenting plan or the child support order are not affected. Failure to comply with a provision in a parenting plan or a child support order may result in a finding of contempt of court, under RCW 26.09.160.
(8) PROVISIONS TO BE SET FORTH IN PERMANENT PARENTING PLAN. The permanent parenting plan shall set forth the provisions of subsections (4)(a) through (c), (5)(b) and (c), and (7) of this section.
West Virgina
West Virginia Code § 48-9-104 - Parent education classes
(a) The family court shall, by order, and with the approval of the supreme court of appeals, designate an organization or agency to establish and operate education programs designed for parents who have filed an action for divorce, paternity, support, separate maintenance or other custody proceeding and who have minor children. The education programs shall be designed to instruct and educate parents about the effects of divorce and custody disputes on their children and to teach parents ways to help their children and minimize their trauma.
(b) The family court shall issue an order requiring parties to an action for divorce involving a minor child or children to attend parent education classes established pursuant to subsection (a) of this section unless the court determines that attendance is not appropriate or necessary based on the conduct or circumstances of the parties. The court may, by order, establish sanctions for failure to attend. The court may also order parties to an action involving paternity, separate maintenance or modification of a divorce decree to attend such classes.
(c) The family court may require that each person attending a parent education class pay a fee, not to exceed twenty-five dollars, to the clerk of the circuit court to defray the cost of materials and of hiring teachers: Provided, That where it is determined that a party is indigent and unable to pay for such classes, the court shall waive the payment of the fee for such party. The clerk of the circuit court shall, on or before the tenth day of each month, transmit all fees collected under this subsection to the state treasurer for deposit in the state treasury to the credit of special revenue fund to be known as the "parent education fund" which is hereby created. All moneys collected and received under this subsection and paid into the state treasury and credited to the parent education fund shall be used by the administrative office of the supreme court of appeals solely for reimbursing the provider of parent education classes for the costs of materials and of providing such classes. Such moneys shall not be treated by the auditor and treasurer as part of the general revenue of the state.
(d) The administrative office of the supreme court of appeals shall submit a report to the joint committee on government and finance summarizing the effectiveness of any program of parent education no later than two years from the initiation of the program.
Wisconsin
Wisconsin Code § 767.401(1)(a) - Educational programs and classes
(1) Programs: effects of dissolution on children; parenting skills.
(a) During the pendency of an action affecting the family in which a minor child is involved and in which the court determines that it is appropriate and in the best interest of the child, the court, on its own motion, may order the parties to attend a program specified by the court concerning the effects on a child of a dissolution of the marriage. If the court orders the parties to attend a program under this paragraph and there is evidence that one or both of the parties have engaged in interspousal battery, as described in s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am), the court may not require the parties to attend the program together or at the same time.
(b) During the pendency of an action to determine the paternity of a child, or an action affecting the family for which the underlying action was an action to determine the paternity of a child, if the court determines that it is appropriate and in the best interest of the child, the court, on its own motion, may order either or both of the parties to attend a program specified by the court providing training in parenting or coparenting skills, or both.
(c) A program under par. (a) or (b) shall be educational rather than therapeutic in nature and may not exceed a total of 4 hours in length. The parties shall be responsible for the cost, if any, of attendance at the program. The court may specifically assign responsibility for payment of any cost. No facts or information obtained in the course of the program, and no report resulting from the program, is admissible in any action or proceeding.
(d) Notwithstanding s. 767.35 (1), the court may require the parties to an action affecting the family in which a minor child is involved to attend a program under par. (a) or (b) as a condition to the granting of a final judgment or order in the action affecting the family.
(e) A party who fails to attend a program ordered under par. (a) or (b) or pay costs specifically ordered under par. (c) may be proceeded against under ch. 785 for contempt of court.
(2) Classes on parenting.
(a) During the pendency of a divorce or paternity action, the court may order the parties to attend a class that is approved by the court and that addresses such issues as child development, family dynamics, how parental separation affects a child's development, and what parents can do to make raising a child in a separated situation less stressful for the child.
(b) The court may not require the parties to attend a class under this subsection as a condition to the granting of the final judgment or order in the divorce or paternity action, however, the court may refuse to hear a custody or physical placement motion of a party who refuses to attend a class ordered under this subsection.
(c) 1. Except as provided in subd. 2., the parties shall be responsible for any cost of attending the class.
2. If the court finds that a party is indigent, any costs that would be the responsibility of that party shall be paid by the county.