Many family law courts in the United States have court-ordered, mandatory parenting classes for all separating or divorcing spouses who have children. A good group of divorce lawyers will be able to point you in the right direction if you are going through a family law or divorce proceeding for the first time.
Typically, states will have laws which require the court to order the mandatory parenting time. At times, the Supreme Court (or highest court) of a particular state will promulgate minimum standards for the implementation of a parenting education program. Below are some of the more common standards that I have seen in my practice as a family law lawyer.
Mandatory Attendance
In a court case where custody or parenting time is contested, the parents of minor children will be required to attend a minimum number of hours and/or sessions. Furthermore, many states require parenting classes or parental education for all cases, not just contested ones. The courts will also require that the program provide it with the names, addresses, and contact information of all people who fail to attend the classes.
A court will also typically allow individuals to attend the classes without a prior order. A situation where this has arisen in my practice is when somebody is contemplating a divorce or legal separation proceeding but has not filed the official legal paperwork yet.
Unless otherwise ordered by the court, the parents will typically be required to attend the classes within a short time after the initial court filing. This means that if your divorce petition is filed with the court, you will typically have several weeks to 30 days to attend your first class. This is an area that changes from state-to-state and you should talk with divorce lawyers in you area for further information.
Finally, at times, a court may waive a fee or waive the requirement for mandatory attendance if “good cause” is shown. However, in my experience, court are very reluctant to allow parents to opt out of parenting classes.
If a parent does not attend the classes, the court can – and often will – issue sanctions against the parent who fails to attend or complete the parenting education program.
Confidentiality
Typically, unless all of the parents agree in writing, statements made by a party during participation in a parent education program are inadmissible as evidence for any purpose. This may not make a lot of sense to non-lawyers, but it is certainly an important aspect of parenting classes. Basically, what is said in the classes, stays in the classes. Likewise, parenting education instructors are often not allowed to be subpoenaed as witnesses by a lawyer to be used in an evidentiary hearing.
Fees
Unless waived, a the laws of many stays require that the parenting programs charge a fee for attendance. (This money is typically used to fund the program). The fees vary widely from state-to-state so it is a good idea to talk with Apple Valley, MN divorce lawyers in your area for questions about actual cost.
I hope the summation of parenting classes has helped you understand the process a little better. I have fielded a lot of questions about parenting classes form my clients – with the main topic of discussion being: “Do I have to go?” My answer: “Yes, you have to go.”
