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S.P.A.R.C. | 
| Separated Parenting Access & Resource Center
"Keeping Families Connected"
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Sample Shared Parenting Plan
Proposed Shared Parenting Plan
This document details the joint legal responsibility and joint physical
responsibility for said child, [ childs full name]. The biological
Parents, Mr. [fathers full name] and Ms. [mothers full name], shall
share and participate in the joint legal custody and joint physical custody of
said biological child.
Parents shall equally share custody of said child as set forth below:
A temporary "phasing in" of visitation shall
take place due to the previously limited visitation. This adjustment period is
designed to allow said child to slowly adjust to the extended time with her
Father. The "phasing in" period shall last for four weeks in a row and shall
not be interrupted for any reason. The temporary visitation shall be as follows:
The first "phasing in" visitation shall be for three overnight stays. Phase one
will last one week. Mother shall deliver said child to Father's home
[insert address] at the beginning of each visit. Father shall deliver
said child to Mother’s home [insert address] at the end of
each visit.
[ / / ] - Mother drives to Father's location to deliver said child at ________ AM/PM
[ / / ] - Father drives to Mother's location to deliver said child at ________ AM/PM
The second "phasing in" visitation shall be for four overnight stays. Phase two
will last for a period of two weeks in a row. Mother shall deliver said
child to Father's home at the beginning of each visit. Father shall deliver
said child to Mother’s home at the end of each visit.
[ / / ] - Mother drives to Father's location to deliver said child at ________ AM/PM
[ / / ] - Father drives to Mother's location to deliver said child at ________ AM/PM
[ / / ] - Mother drives to Father's location to deliver said child at ________ AM/PM
[ / / ] - Father drives to Mother's location to deliver said child at ________ AM/PM
The
third "phasing in" visitation shall be for five overnight stays. Phase three
will last for a period of one week. Mother shall deliver said child to
Father's home at the beginning of each visit. Father shall deliver said child
to Mother’s home at the end of each visit.
[ / / ] - Mother drives to Father's location to deliver said child at ________ AM/PM
[ / / ] - Father drives to Mother's location to deliver said child at ________ AM/PM
After the third "phase" when said child is with the
father for five overnight stays, the mother shall have said child for a minimum
of 5 overnights before the permanent Parenting schedule begins. The permanent
Parenting schedule shall begin with Mother delivering said child to Fathers
home, Sunday evening at 5:30 PM on the specified date below.
After the permanent Parenting schedule begins, this top sheet should be removed from the Parenting Plan and disposed of.
Proposed Shared Parenting Plan
This document details the joint legal responsibility and joint physical
responsibility for said child, <childs full name>. The biological
Parents, Mr. <fathers full name> and Ms. <mothers full name>, shall
share and participate in the joint legal custody and joint physical custody of
said biological child.
Parents shall equally share custody of said child as set forth below:
REGULAR PARENTING TIME
Beginning Sunday [ / / ], the following PERMANENT Parenting schedule shall be in effect:
- Father and Mother shall share Parenting Time equally.
- Each Parent shall have custody of said child for one week beginning Sunday
evening and ending the following Sunday evening. Mother shall deliver said
child to Fathers home, Sunday evening at 5:30 PM. Father shall deliver said
child to Mothers home, the following Sunday evening at 5:30 PM.
- If either Parents’ work schedule requires their Sunday receiving time be adjusted
to a later time, it shall be adjusted immediately upon receiving written
notice from the Parent requiring adjustment. This mean the receiving parent,
not the delivering parent, may adjust the delivery time to a later time.
- The Sunday exchange time shall not be any earlier than 5:30 PM on a permanent basis, for
ANY reason whatsoever.
HOLIDAY SCHEDULE
On even years, Father shall have said child on the following
occasions. On odd years, Mother shall have said child on the following
occasions.
Easter: 6:00 PM
Friday preceding Easter until 6:00 PM Monday (3 overnights)
July 4th: 6:00 PM July 3
until 6:00 PM on July 5 (2 overnights)
Halloween: 6:00 PM Halloween eve
until 6:00 PM day after Halloween 6:00 PM (2 overnights)
On odd years, Father shall
have said child on the following occasions. On even years, Mother shall have
said child on the following occasions.
Memorial Day: 6:00 PM Saturday
preceding Memorial Day until 6:00 PM Monday (2 overnights)
Labor Day: 6:00 PM Saturday
preceding Labor Day until 6:00 PM Monday (2 overnights)
Thanksgiving: 6:00 PM Thanksgiving eve
until 6:00 PM two days after Thanksgiving (3 overnights)
These holiday schedules may be revised or modified, and
taken anytime during the holiday week, weekend before or after the holiday
week, as long as the holiday time allotment and number of overnights, remain
the same. Both Parents must agree upon these proposed revisions in writing at
least two weeks before the scheduled holiday. If the Parents can not agree on
the proposed revision or modification, and neither Parent can provide
reasonable cause for the modification, they must either abide by the original
schedule or take the disagreement to mediation/arbitration. If the Parent requesting
the modification has reasonable cause, such as, but not limited to; being out
of town, taking the holiday time to spend with family out of town, work related
difficulties or health related difficulties, the modification shall be
immediately agreed upon by both Parents.
CHRISTMAS SCHEDULE
On even years, Father shall begin the Christmas schedule and follow schedule "A"
below. On even years, Mother shall follow schedule "B" below.
On
odd years, Mother shall begin the Christmas schedule and follow schedule "A"
below. On odd years, Father shall follow schedule "B" below.
A - Pre Christmas: December 21, at 4:00 PM
and ending on Christmas Eve, December 24, at 4:00 PM (3 overnights)
B - Christmas Eve: Christmas Eve, December
24, at 4:00 PM and ending on Christmas Day, December 25, 12:00 noon (1
overnight)
A - Christmas Day: Christmas Day, December
25, at 12:00 noon and ending December 26, 4:00 PM (1 overnight)
B - Post Christmas: December 26, at 4:00 PM
and ending December 29, 4:00 PM (3 overnights)
The Christmas schedules should not be revised or modified
unless there are unusual circumstances, or reasonable cause, to be considered,
in which case both Parents must agree upon these revisions in writing as soon
as possible, after the unusual circumstances are discovered. If the Parents can
not agree on the proposed revision or modification, and neither Parent can
provide reasonable cause for the modification, they must either abide by the
original schedule or take the disagreement to mediation/arbitration. If the
Parent requesting the modification has reasonable cause, such as, but not
limited to; being out of town, taking the holiday time to spend with family out
of town, work related difficulties or health related difficulties, the
modification shall be immediately agreed upon, in writing, by both Parents.
SPECIAL DAYS
Fathers Day: Father shall have
Parenting Time with said child from 6:00 PM Friday preceding Fathers Day until
6:00 PM Sunday. (2 overnights)
Mothers Day: Mother shall have
Parenting Time with said child from 6:00 PM Friday preceding Mothers Day until
6:00 PM Sunday. (2 overnights)
Child’s Birthday: Each Parent should have
said child the weekend directly before or directly after her birthday by
default agreement. If for any reason one Parent does not have said child either
the weekend directly before or directly after her birthday, that Parent shall
pick the dates on which they wish to celebrate said child’s birthday and notify
the other Parent in writing at least two (2) weeks before the dates they wish
to celebrate said child’s birthday on. That Parent shall be allotted two (2)
consecutive overnights beginning and ending at 6:00 PM.
EXTENDED VISITATION
1.
For the purpose of vacations, each Parent shall be allowed two, two (2) week uninterrupted
periods of Parenting Time with said child per year. This Parenting Time shall
start on the custodial Parents’ Sunday evening and end the second Sunday after.
This Parenting Time shall NOT be taken in any manner that would prevent either
Parent from spending time with said child for her birthday, including the week
of August 14th, or weekends preceding and following August 14th, as
this is the week of said child’s birthday. This Parenting Time shall also NOT
be taken during ANY of the specified Holiday schedules, Christmas schedules, or
Special Day schedules unless it is that Parents’ year or time for that holiday,
or special day. Each Parent shall inform the other Parent, in writing, of the
dates of his/her intended vacation with said child as soon as possible, but no
later than sixty (60) days before he/she wishes to take his/her vacation.
CONFLICTS CLAUSE:
Special Days and Holiday schedules shall prevail over regular periods of
Parenting Time.
DECISION MAKING RIGHTS AND RESPONSIBILITIES
1.
The Parent with whom said child is staying, also referred to as custodial
parent, shall be responsible for daily care and shall make necessary decisions
regarding education of said child, cultural and artistic training, health
treatment and all other minor decisions, during their respective Parenting
periods.
2. All major medical decisions (including dental, psychiatric, tattoos, body
piercing or other alterations), general welfare (acquisition of passport,
changing of name, signing of contracts on behalf of said child, etc.), and all
other major decisions, shall be made by the prior written consent of both
Parties or further Order of the Court.
CONTACT AND COMMUNICATION
1. With respect to all Parenting, Holiday, Special Day or Vacation Time
including said child's birthday, the Parent exercising Parenting Time shall
make known to the other Parent a telephone number where said child can be
reached for telephone communication, if necessary.
2. Each Party shall provide the address and telephone
number to contact said child during ANY trip, and shall notify the other Parent
as to the duration of said trip. Parent shall initiate and facilitate telephone
communication between said child and the other Parent during such trips.
3. Whenever said child will be away from either Parent's
home, for any period of time, without a Parent, the custodial Parent at that
time, MUST provide the name, address, and telephone number of the persons said
child is visiting and the amount of time said child will be there.
4.
Each Party shall provide the name, address, and telephone number of the
daycare, preschool, school, church or contact person for any activity or
program which said child attend.
5. Each Party shall keep the other Party fully and promptly informed of his/her
current physical/residence address, mailing address, home telephone number and
electronic mail address, and shall notify and provide the other Party in
advance, or within twenty-four (24) hours, of any changes of either address
and/or telephone number.
6.
Each Party shall provide the other Party with the address and telephone numbers
of three (3), or more, emergency or alternate contact persons.
7.
Each Party shall provide the other Party with the telephone number(s) of their
employer(s), and any information the other Party may need in order to contact
them at work should an emergency arise, and shall notify the other Party in
advance, or within twenty-four (24) hours, of any change of telephone number or
other information.
8. Each Party shall be prohibited and enjoined from
contacting the employer(s) of the other Party for any reason whatsoever. Each
Party shall not ask, encourage, or allow ANY other person to contact the
employer(s) of the other Party. Each Party shall not divulge any of the other
Parties’ information, for any reason whatsoever. All contact with the other
Party shall be limited during the hours of employment to, emergency contact
regarding the immediate care of, or urgent health and welfare of said child.
9. Each Party shall keep the other Party informed of the
names of all non-related persons residing at or visiting the residence of said
child for a period of more than one (1) week.
10. Each Party, upon receipt of mail or packages
addressed to said child from the other Parent, StepParent, or relative of the
other Parent, shall see to it that such mail or packages are given unopened to
said child, or opened and read to said child, if said child is unable to do so
alone. Said child shall be allowed to retain possession of any appropriate gifts
given or sent by the other Parent, StepParent or relative of the other Parent.
At the time of custody exchange, the Parent may choose whether said child may
keep the received items at his/her residence or take and retain received items
at the other Parents’ residence.
Telephonic Communication
1.
Each Party shall be allowed to exercise reasonable telephonic
communication with said child.
2.
Both Parties are restrained and enjoined from initiating or allowing ANY person
to initiate telephonic communication to the home of the other Parent between
the hours of 7:00 PM and 9:00 AM, except in cases of emergency regarding the
immediate health and welfare of said child specifically.
3. Both Parents, other adults or other children,
relatives and/or friends of either Party, are restrained from unreasonably
interfering with the rights to privacy of said child during such telephone
conversations.
4.
When exercising their reasonable telephonic communication, each Party may speak with said child, without delay
unless said child is away from the home, sleeping, napping, eating or bathing,
in which case the Party receiving the telephone call shall see that said child
returns the call at the earliest possible time thereafter.
5.
Said child shall have the right to determine how long the telephone
conversation should last. Neither Parent shall interfere with said child’s
right to determine the length of the telephone call, in any way whatsoever.
RELEASE OF RECORDS AND INFORMATION
1.
Each Parent shall permit and encourage communication by the other Parent with
ALL doctors, clinics, school nurses, counselors, and other healthcare providers
regarding the health and welfare of said child.
2. Each Party shall see that ALL state, legal, medical,
surgical, dental, psychiatric, psychological, test, criminal, daycare and
school records for said child are available and accessible to both Parties.
3. Each Parent shall be provided with copies of the Birth
Certificate and Social Security cards of each of said child within 15 days of
this Court Order.
4. Each Parent shall provide advance notification to the other Parent about
proposed and forthcoming medical care and procedures, and each Parent shall
notify the other Parent within twelve (12) hours of any illness or accident
requiring medical attention or any medical emergency involving said child, and
within two (2) hours of any life threatening illness or accident.
5.
Each Parent shall provide the other Parent promptly upon being requested to do
so, with information concerning the well-being of said child including, but not
limited to; weekly school attendance reports, reports concerning completion of
homework, copies of report cards, school meeting notices, vacation schedules,
class programs, requests for conferences, results of diagnostic tests, notices
of activities involving said child, samples of school work, order forms for
school pictures, communications from health care providers; the names,
addresses and telephone numbers of all schools, preschools, regular day care
providers, all health care providers, counselors, church or other activity
supervisor, and friends, schoolmates and relatives.
EXPENSES
1. In the event either Parent shall incur daycare,
babysitting or other child care related expenses as the result of employment or
any other reason, the Parent using the service and incurring the bill shall pay
100% of the expense.
2. All expenses (clothes, food, toys, gifts etc.) shall
be paid for separately by each Parent for any and all items needed or used
during their respective Parenting Time.
3. Neither Parent shall be responsible, in any way, for
ANY expenses the other Parent or said child incurs while with the other Parent,
other than medical expenses as stated in this Court Order.
4. Parties shall share no expense other than medical
expenses as stated in this Court Order.
Healthcare and Medical Expenses
1. As long as either Parent has reasonable access to
health care, they shall provide medical insurance for said child. Each Parent
shall provide the other with all medical insurance information, including but
not limited to; a copy of the insurance card, all written information available
about the company and coverage plan, participating doctors, offices and
hospitals and the insurance companies’ name, address and telephone number.
2.
Neither Parent shall frustrate or encumber the other Parent with undue expense
without consultation, this includes but is not limited to excessive or
unnecessary visits to the doctor or hospital, expenditures related to cosmetic
surgery or other non life threatening medical procedures not covered by said
insurance coverage.
a)
If it is found that a Parent has frustrated or encumbered the other Parent with
undue expense without consultation and written approval, the Parent incurring
the bill(s) shall be required to pay 100% of the bill(s).
b)
In the event that one or both Parents do NOT have reasonable access to medical insurance,
the Parents shall find a mutually agreeable medical insurance program for said
child, and split the cost fifty-fifty (50%-50%).
c)
The Parents shall split the cost of all medical, pharmaceutical, dental,
orthodontic, optometric, psychological or any other physical or mental health
expenses not covered by insurance fifty-fifty (50%-50%). The Parent who incurs
the bill must submit that bill and a copy of the Insurance Explanation of
Benefits Paid or Denied to the other Parent within forty-five (45) days to
receive payment. The other Parent must submit their portion of that payment
within thirty (30) days, of receipt of the bill and accompanying paperwork, to
the other Parent.
d)
If either Parent should use a provider outside the approved providers for the
insurance, unnecessarily and without reasonable cause, they shall be
responsible for 100% of the cost.
PARTY AGREEMENTS
1. It is understood partial or reduced Parenting Time is
more beneficial to said child than no Parenting Time. Should valid reason
occur, such that one Parent is not able to exercise his/her entire Parenting,
Holiday, Special Day or Vacation Time with said child, make-up time shall be
allowed and agreed upon in writing, should the Parent request said reduction
and make-up time in writing. Both Parents shall cooperate in supplying said
child with the full advantage of time with the other Parent.
2.
If either Parent requires the services of a daycare or childcare provider, both
Parents MUST jointly approve and agree upon the licensed daycare or childcare
provider, in writing. If an agreement can not be reached between both Parents,
the issue shall be taken to mediation/arbitration.
a)
If either Parent requires the use of a daycare or childcare provider, in an
emergency or on very short notice, and that Parent has no agreed upon primary
provider or the primary and agreed upon provider is unavailable, that Parent
shall have the right to find emergency temporary care for said child.
b)
The Parent placing said child in emergency temporary care MUST contact the
non-custodial Parent as soon as possible to inform him/her of the situation.
c)
If the non-custodial Parent does not approve of the emergency temporary care
provider he/she may choose to pick said child up from the emergency temporary
care provider, and require the custodial Parent needing the emergency temporary
care, to retrieve said child from his/her residence, when they no longer
require the emergency temporary care for said child.
d)
If the non-custodial Parent does not approve of the emergency temporary care
provider, but he/she chooses not to, or is unable to, retrieve said child from
the emergency temporary care provider, he/she may disapprove of the future use
of that care provider.
e)
If the non-custodial Parent disapproves of the use of that care provider, the
custodial Parent shall NOT use that care provider for ANY reason, including
emergency and or temporary care, in the future.
f)
Neither Parent may disapprove of the other Parents care provider or educational
facility solely on their religious affiliations and teachings or their use, or
non-use of corporal punishment.
g)
Either Parent may disapprove of the other Parents’ care provider for reasons
such as, but no limited to; the care provider is unwilling to communicate or
cooperate with the non-custodial parent, the care provider is not a properly
licensed facility, the care provider does not provide said child with a proper
educational environment, or does not provide said child with an educational
environment that is equivalent to said child’s learning abilities.
h)
If either Parent repeatedly disapproves of the other Parents’ chosen care
providers without good reason, or three licensed providers or more within three
months, they will forfeit their right to be a part of choosing the other
Parents’ childcare provider, unless they can substantiate their repeated
disapproval in mediation/arbitration.
3.
The Parents shall jointly approve and agree upon all grade/elementary and high
schools that said child attends, in writing. If an agreement can not be reached
between both Parents, the issue shall be taken to mediation/arbitration.
4.
If either Parent at any time needs to retract a written agreement or approval,
they may do so in writing to the other Parent. Upon receiving the retraction,
both Parents must again agree on the issue, or the issue shall be taken to
mediation/arbitration.
5.
For the benefit and continuity of the education and learning of said child,
each Parent shall cooperate, follow through, and assist said child with his/her
local educational programs.
6. Neither Party shall
refuse or delay the surrendering of said child to the other Party, StepParent
or designated responsible adult, promptly at the beginning of each of the
Party's Parenting, Holiday, Special Day or Vacation Time, or custodial period.
7. Neither Party shall deny
said child Parenting Time with the other Parent because said child, or Parent
is busy, not available, is being punished, is suffering an illness, or refuse
to go on the scheduled Parenting Time.
8. The receiving Parent
shall have the OPTION of verifying any illness of said child in person or by
telephone, and shall have the option of caring for said child unless said child
is under the care of a physician for serious illness, and such physician has
placed said child on bed rest. Parent shall provide telephone numbers for
contacting the physician currently caring for said sick child for verification
of illness. Make up time in whole or part shall be provided to said Parent
should Parent be unable to exercise the Court Ordered Parenting Time or
custodial period.
9.
Both Parties are enjoined from interfering in any way with the other Parent's
Court Ordered Parenting, Holiday, Special Day, Vacation Time or custodial
period, and from interfering with legal access of said Parent or StepParent to
said child.
10. Neither Party shall in any manner or for any reason whatsoever, suggest nor
demand that the other Party should not exercise all or a partial portion of
his/her Court Ordered Parenting Time with said child.
11. Neither Party shall plan or arrange any event or opportunity whatsoever
during the other Parent's scheduled Parenting Time.
12.
Neither Party shall allow or attempt to persuade said child to ask for or
demand an alternate or reduced Parenting Time or custodial period for the
purposes of attending any other event, in the case where said child is already
aware of said event or opportunity.
13. The Parent relinquishing said child shall, upon
delivery of said child to the other Parent, StepParent or designated
responsible adult, shall promptly and simultaneously provide any and all
prescription glasses, prescription medication, and/or anything said child needs
on a daily or weekly basis, that the receiving Parents can not immediately
provide. The Parent relinquishing said child shall dress said child in well
fitting, appropriate clothing and hat, coat and gloves, if seasonally
appropriate. Belongings of said child shall be delivered in an appropriate
container for travel.
a)
The Party returning said child from Parenting, Holiday, Special Day or Vacation
Time, shall also promptly and simultaneously return ALL belongings, clothing,
prescription glasses, prescription medication or empty containers thereof,
carrying container, and/or ANY other item which said child arrived with.
b)
Each Parent shall understand and agree that the other Parent provides
acceptable clothing, toys and accessories for said child, and shall not send or
allow said child to bring extra toys, clothing and accessories, unless
requested by the other Parent, StepParent or designated responsible adult.
c)
Each Parent shall understand and agree that the other Parent has different
rules than their own and shall not allow said child to bring candy, food,
drinks or any other items with them, unless requested to do so by the other
Parent, StepParent or designated responsible adult.
14. The Father shall exercise the Federal and State
dependency tax deductions with reference to <childs full name> each even numbered
year (2002, 2004, 2006, 2008, 2010, 2012 etc) until said child reaches the age
of 19. The Mother shall exercise the Federal and State dependency tax
deductions with reference to <childs full name> each odd numbered year
(2001, 2003, 2005, 2007, 2009, 2011 etc) until said child reaches the age of
19.
15. The residence of said child (either Parents’
residence) shall not be moved without prior written and signed permission of
the non-moving Parent and/or of the Court.
a) Both Parents must make the other Parent aware of
their intentions as soon as begin contemplating a move. The Parents should be
aware that the moving of residency, depending on the circumstances, could
effect the custodial agreement.
b) If either Parent is contemplating a move of residency,
he/she must make the other Parent aware of the possibility immediately, and
inform them of the general area he/she is thinking of moving to.
c) If either Parent decides they are going to move
their residency, he/she must make the other Parent aware of the exact area
immediately and also the exact residence as soon as it is known by the moving
Parent himself/herself.
d) If the move of residence is thought to hinder the
non-moving Parents’ relationship with said child or is thought to not in the
best interest of said child, the issue may be taken to Court. If the move can
not be proven in the best interest of the child, and the Parent still intends
to move, the issue will affect the custodial agreement.
e) If the move of residence would make the new residence
father away from the non-moving Parent than the old residence, the non-moving
Parent may give their permission for the move, with the stipulation that the
moving Parent provides all transportation thereafter. This agreement and new
transportation arrangement must then be agreed upon in writing.
16. In the event of the death of said child, all decisions concerning the
appropriate care of said child, and concerning the estate of said child shall
be made by both Parents jointly. In the event said child maintain a vegetative
state, the decisions concerning organ donation, and the care and/or termination
of said vegetative state shall be made by both Parents jointly.
17. In the event of death of either Parent, full legal and physical custody of
said child shall be retained by the surviving Parent.
18.
Corporal punishment of said minor child, IF ANY AT ALL, shall be administered
only by the Mother, Father, StepParents and school or daycare instructors if
corporal punishment is a part of there discipline system. Both Parties are
restrained from allowing ANY other person to administer corporal punishment to
said minor child.
a)
Each Parent shall have the right to choose their own Parenting style and
punishments, providing their methods and results are not prevented by law and
do not constitute abuse.
b)
It is known that many school and child care facilities, particularly religious
institutions use corporal punishment as a form of discipline. Although neither
Parent may prevent or forbid this practice, they may request to be contacted by
the school or childcare facility if such discipline is used.
19.
Both Parties are restrained and enjoined from harassing, annoying, striking
with hand or object, threatening, assaulting, using verbally abusive language,
or molesting the other Parent or StepParent in any manner whatsoever in an
attempt to alarm, coerce, anger, or frighten either Party, either in the
presence of said child, during telephonic communication between said Parents or
StepParent, or between a Parent and said child, by written word, or at ANY
other time.
20.
The Parents are restrained and enjoined from encouraging or engaging ANY other
person to harass, annoy, strike with hand or object, threaten, assault,
verbally abuse or molest the other Parent or StepParent, in an attempt to
alarm, coerce, anger, or frighten either Party in any manner or at any time
whatsoever.
21.
The Parents are restrained from making negative statements about other Parent,
StepParent or other Parents’ family or household, in the presence of said
child, and shall not allow ANY other person to make negative statements about
other Parent, StepParent or other Parents’ family or household, in the presence
of said child. The Parents shall not use said child or any other person, except
a designated messenger, to deliver any messages to the other Party.
22.
The Parents are restrained and enjoined from attempting to coerce said child
into false or negative beliefs about, negative or abusive behavior toward, or
attempt to alienate said child from the other Parent, StepParent or other
Parents’ family or household, and shall not attempt to foster a lack of love or
care for the other Parent, StepParent or other Parents’ family or household, in
any way whatsoever.
23.
During any period of custody or visitation the parties shall not possess or use
and controlled substance, other than prescription medication proscribed for
them, neither shall they consume alcoholic beverages to the point of
intoxication. The parties shall also assure that the other household members
and houseguests shall not possess or use and controlled substance, other than
prescription medication proscribed for them, neither shall they consume
alcoholic beverages to the point of intoxication.
24. A StepParent, for the purposes of this Court Order,
shall be considered any person who is married to a Parent, or whom has been
cohabiting with a Parent for a period of one year or more.
25. StepParents of said child shall have the right to
transport said child for any reason including but not limited to; Parenting,
Holiday, Special Day and Vacation Time, school, daycare, activities or trips,
or to provide any other transportation required in the parenting care of said
child.
26. StepParents shall have the right to share and access
any and all information including, but not limited to; any school official or
other authority or agency, physician, counselor, psychiatrist, psychologist,
health care professional, activity supervisor, friend, relative or any other
person concerned with the health and well-being of said child, for the purposes
of providing said child with proper care and supervision.
27. StepParents shall have the right to seek any and all
regular and emergency medical care for said child under the guidelines of this
Order, and to consent to such care, to the extent that the law allows, should
the need arise.
28. StepParents shall have any and all rights to touch,
hold, carry, dress, feed, bathe, make purchases for, administer necessary
medications to, and discipline said child within the guidelines of this Order,
with the implied consent of the Parent residing in that home.
29. StepParents shall have the right to receive and
initiate telephonic and written communication with said child without
interference from any person, with the implied consent of the Parent residing
in that home.
30. StepParents shall be considered responsible and
acceptable Parenting figures in the eyes of the Parents, with the implied
consent of the Parent residing in that home.
31. StepParents shall be allowed and encouraged to attend
any and all meetings or conferences including, but not limited to; meetings and
conferences between the Parents, caregivers, caretakers and authorities
pertaining to said child, with the implied consent of the Parent residing in
that home.
32. StepParents shall have any and all rights in
association with their stepchild, that are legally allowed, whether expressed
or implied, with the implied consent of the Parent residing in that home.
33. Each Parent and/or StepParent shall have the right to
visit or interact with said child, while said child is not directly in the care
of the other Parent. This includes, but is not limited to; any and all times
said child may be in daycare or any other form of childcare, in the hospital,
participating in any activities outside the home including school activities,
childcare or daycare activities or on field trips or learning trips arranged by
any organization or person other than the other Parent.
TRANSPORTATION
1. Each Parent shall provide half of ALL transportation.
2. Parent ending his/her Parenting period is to provide
and/or pay for transportation of said child. The delivery location shall be the
Parent's home whose Parenting period is beginning unless otherwise specified.
The Parent ending his/her parenting period shall leave the premises immediately
after delivering said child.
3. The Mother, shall deliver said child to the Father at
the end of her Parenting Time, and the Father, shall deliver said child to the Mother
at the end of his Parenting Time.
a) Both Parents shall have the right to delegate the
responsibility of transporting said child, to any StepParent or other agreeing
responsible adult, possessing a drivers license, at any time for any reason
whatsoever. The Parent delegating the responsibility of transporting said
child, should make an effort to inform the other Parent of whom will be
arriving to return or receive said child. If the delegating Parent is unable to
contact the other Parent prior to the return or exchange of said child, he/she
should send a note verifying the delegated person as the person whom the Parent
has sent to return or receive said child.
b)
If one Party is not able to provide half of the transportation, at any given
time, and the other Party agrees to provide the extra transportation, the
non-transporting Party must reimburse the transporting Party for supplying the
extra transportation, as agreed upon by both Parties.
c) If both Parties can not or will not agree upon the
reimbursement, the Party who has already provided their half of the
transportation is not obligated in any way to assist the opposite Party.
MODIFICATION AND REVISION OF PARENTING PLAN
1. It is expressly understood the enumerated times each
Parent shall be with, and responsible for care of said child are NOT subject to
modifications by mutual agreement unless in writing, dated, signed and
witnessed, and each Parent shall retain a copy. Said child is to receive
the MAXIMUM benefit to be derived from the love, care, and attention of both
Parents.
2. This Parenting Plan shall supercede all before it,
and may not be modified without the mutual written consent of both Parents.
The only portions of this Parenting Plan that may be modified without revising
or rewriting the entire Parenting Plan are the Holiday, Christmas and Special
Days Schedules. Should either Parent wish to modify, revise or rewrite any
other section, of this Parenting Plan, the new revised or rewritten Parenting
Plan must be signed and witnessed by both Parents and approved by the Court,
before it will take affect.
RIGHT OF FIRST REFUSAL
1. Both Parties shall have the right of first refusal to
care for said minor child if the absence of either Party should be necessary
during their normal Parenting Time. The use of babysitters, daycare facilities,
friends or family members shall be secondary to this right. In the event either
Parent intends to leave said child overnight, or for a period of twelve (12)
hours or longer, that Parent MUST first offer the other Parent the opportunity
for additional time with said child before making other arrangements for the
temporary care of said child.
2.
If the custodial Parent chooses, is forced or is required to leave said child overnight
or for twelve (12) hours or more, he/she MUST make every attempt to contact
the non-custodial Parent. If the custodial Parent is unable to contact the
non-custodial Parent before he/she leaves, he/she MUST leave a message on the
non-custodial Parents’ phone and electronic mail, giving him/her the
opportunity to pick said child up from the caregiver or family member with whom
said child was left with.
a)
The custodial Parent must also leave the phone number and address of the
caregiver or family member with whom said child was left with, on the answering
machine and in the electronic mail, so the non-custodial Parent is easily able
to contact the person with whom said child has been left.
b)
The custodial Parent must also make the caregiver or family member with whom
said child was left with, aware that the non-custodial Parent, StepParent, or
authorized responsible adult, may pick said child up from the caregiver or
family member at any time that they so choose and that the non-custodial Parent
has every right to do so.
3.
If the non-custodial Parent chooses to care for said child in the custodial
Parents’ absence, the non-custodial Parent, StepParent, or authorized
responsible adult, shall pick said child up, and the custodial Parent,
StepParent, or authorized responsible adult, shall retrieve said child from the
non-custodial Parent’s home, when he/she returns from his/her absence. If both
Parents mutually agree, the transportation arrangement may be reversed, with
the custodial Parent, StepParent, or authorized responsible adult, delivering
said child to the non-custodial Parent’s home and the non-custodial Parent,
StepParent, or authorized responsible adult, returning said child to the
custodial Parent’s home, when he/she returns from his/her absence.
4.
If the non-custodial Parent wishes to care for said child in the custodial
Parents absence, but neither Party is capable of providing transportation to or
from the other Parent’s location at that time, the custodial Parent may leave
said child with a specified family member or care giver until the non-custodial
Parent is able to pick said child up. The custodial Parent shall then retrieve
said child from the non-custodial Parent’s home when he/she returns from
his/her absence.
5.
Parent leaving said child with the non-custodial Parent, a temporary childcare
provider or family member shall notify the non-custodial Parent of the duration
of the Parenting Time or temporary care of said child by other persons.
6.
If the custodial Parent returns from his/her absence, past the child’s bed
time, he or she must wait until the following morning, at a reasonable hour to
retrieve the child from the non-custodial Parents home.
SOLVING DISPUTES
1.
Both Parties shall attempt to resolve any matters on which they disagree or
which involve interpreting the Parenting Plan through the following dispute
resolution process prior to any Court action.
2. The costs of mediation/arbitration SHALL be split 50% - 50% between the
Parties or as determined by the arbitrator.
3. The dispute resolution process shall be commenced by notifying the other
Party with a written request.
4. In the dispute resolution process:
a) Preference shall be given to carrying out this Parenting Plan.
b) Unless an emergency exists, the Parents shall use the designated process to
resolve disputes relating to implementation of the Parenting Plan, except those
related to financial support other than are outlined in this Parenting Plan.
c) A written record shall be prepared of any decision reached in arbitration and shall
be provided to each Party.
d) The Parties have the right of Appeal from the dispute resolution process to the
Superior Court.
e) Reasonable attorney’s fees SHALL be assessed against an appealing Party who
does not substantially better his/her position in the Appeal process, or if the
appealing Party is again ruled against.
SIGNATURES
______________________________________________________
Mother’s signature
________________________________
Date
______________________________________________________
Father’s signature
________________________________
Date
______________________________________________________
Witness’s signature
________________________________
Date
Subscribed and sworn to before me on _____________, 20____
Judge: _________________________________________________
WHEREFORE the Parties, by counsel, move the Court to approve this Joint Custody
and Permanent Parenting Plan as an Order of this Court, and for all other just
and proper relief in the premises.
______________________________________________________________________
(Mother's
Attorney's name)
(Father's Attorney's name)
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