Comprehensive Parenting Plan

 

            After much research, we drafted up this 17 page parenting plan. Each and every item was conceived as a direct result of a dispute or issue that occurred between Stacy and I over the past year. I wanted a document that clearly defines both parents' behaviors as to not hurt the kids any further, yet leave autonomy for each parent to be a parent in their own homes. I presented it to our attorney who laughed and threw the document right back at me saying "you can't parent based on 17 pages of documentation."  He went on to say "most of this will be thrown out of court if we present it anyway, especially the part about step parents ha!"  Sadly, everybody else thought the same and did not seem to understand why I felt a stupid document like this was needed. Perhaps this was not the right way to go by "official" standards but nobody proposed an alternative of any sort to the problem I was facing.

 

PARENTING RESPONSIBLITY

RESIDENCE

EDUCATION

MEDICAL

INFORMATION EXCHANGE

CONTACT BETWEEN PARENTS

CONTACT TELEPHONE/MAIL

REGULAR PARENTING TIME

HOLIDAYS AND VACATION SCHEDULE

WINTER AND SPRING BREAK

SPECIAL DAYS AND EXTENDED VACATION

PARENTING TIME MAKE UP

TRANSPORTATION

EXCHANGE PROCEDURES

RIGHT OF FIRST REFUSAL

DAYCARE

PARENTING

HOUSEHOLD RULES

STEP-PARENTS

EXPENSES

LEGAL

WRITTEN AGREEMENTS

SOLVING DISPUTES

 


PARENTING RESPONSIBLITY

  • Both Parent have joint legal responsibility and joint physical responsibility for said children, Zachary Bryce Prather and Mirrissa Lynn Prather, be ordered. Natural Parents Ms. Stacy Ann Erickson and Mr. David Lee Prather shall share and participate in the joint legal responsibility and joint physical responsibility for said biological children.
  • The Parent with whom said child is currently staying, also referred to as custodial Parent, shall be responsible for daily care and shall make necessary decisions regarding education of said children, cultural and artistic training, health treatment and all other minor decisions, during their respective parenting periods.
  • The Parent who has physical custodial/ parenting time possession of said children during any school, extra-curricular, religious, family or other function will have sole physical possession and control of said children at said event.
  • All major medical decisions including but not limited to dental, psychiatric, tattoos, body piercing or other alterations, and decisions regarding general welfare including but not limited to acquisition of passport, changing of name, signing of contracts on behalf of said child, and all other major decisions, shall be made by the prior written consent of both Parties or further Order of the Court.

 

RESIDENCE

  • Each Parent’s residence of said children shall not be moved outside a radius of one (1), hour’s driving time from the residence of the other Parent without prior agreement of both parties and of the Court. Should a Parent start considering a move beyond this radius, the matter shall immediately be taken to mediation to discuss children’s best interest. The Parent will be considered to have abandoned the children if a move beyond this radius is made without reaching a prior written agreement with the other party.
  • Each party shall keep the other party fully and promptly informed of his/her current residence address, home telephone number, and the name, address and telephone number of employer(s), and shall notify the other party in advance of any change of address or telephone number, change of employment, or change of address and telephone number of employer(s).
  • The Parents shall provide the address and telephone number for contacting said children during any trip lasting two (2) overnights or more, and will notify the other Parent as to the duration of said trip. Parent shall initiate and facilitate telephone communication between said children and the other Parent during such trips. Whenever said children will be away from either Parent's home for a period of two (2) overnights or more without a Parent, that Parent shall provide the name, address and telephone number of the person said children are visiting.
  • Except for brief vacations lasting no more than two (2), weeks each Parent shall be restrained from removing said children from the state of residence. If said children are to be removed from the state of residence for purposes of vacation or travel, the other Parent shall be notified at least two (2) weeks in advance. Should said children be moved temporarily from the state of residence for purposes of travel to exceed a period of two (2) weeks, prior written consent must be obtained from the other Parent, and said Parent shall have the option of requiring the consent of the Court.
  • Each party shall keep the other party informed of the names of all non-related persons residing at or visiting the residence of said children for a period of more than one (1), week.

 

 

 

 

EDUCATION

  • All schools that said children attend shall be one of the local public schools in the school districts where one or both Parents reside. The choice of school attended will be based on higher “Florida School Grade and higher averages on Florida Comprehensive Assessment Test (FCAT)” scores reported for the entering grade level of the child. Florida School Grade and FCAT scores to be provided by the Florida Department of Education, Annual Report Card. Should a Parent relocate to a school district with a superior Florida School Grade or FCAT scores compared to the school said children are currently attending, children shall transfer to the new school at the beginning of the next school year.
  • School attendance for said children of school age be MANDATORY. Each of said school aged children shall attend school daily, participate fully in school assignments and activities, and shall complete and turn in all assigned homework on time. Both Parents shall be notified should said children miss any time from school for any reason. The children shall not be removed from school for vacation time unless that vacation time is for an emergency such as a funeral. The children shall not miss any time from school for vacation with either party unless agreed to by both parties in writing.
  • For the benefit and continuity of the education and learning of said children, each Parent shall cooperate, follow through, and assist said children with his/her local educational programs. Remedial educational opportunities must be made available year round for said children to maximize their potential to succeed academically. Should said children be required to attend school during summer vacation, said children shall attend school at the location of the school attended during the previous school year.
  • The Parent with whom the children are living on any day is responsible for supervising homework and other school-related activities and extra-curricular activities. Parents are forbidden from falsifying any parent signatures required on said children’s homework and other school assignments. Parents are held personally responsible for providing accurate performance reports on said children to teachers, instructors and other adults responsible for activities said children participate while in their care.
  • Both Parents must ensure that said children are provided with the best possible educational opportunities and encouraged to pursue their special interests. Parents shall refrain from interfering or interrupting ongoing activities of these programs except in emergency situations. Parents shall at all times behave in a manner consistent with the guidelines provided by the institution supervising the activity.
  • Both Parents shall cooperate fully in any reunification or other counseling/therapy sessions or programs recommended by professionals in the child’s life. Parents shall be prompt in transporting said children to and from any local appointments for said counseling/therapy.
  • Each party shall provide the name, address and telephone number of the daycare, preschool or school, church or contact person for any activity or program, which said children attend. Both Parents names must appear as legal guardians with full parenting privileges on all forms filled out at daycare, school, church or contact person for any activity or program, which said children attend. The forms may not be changed by either party without written consent of the other. Copy of the parenting plan must be made available to all of these locations to ensure correct enforcement of parenting time. Parents are forbidden from intentionally providing inaccurate or misleading information, including but not limited to custody and residential agreements between parents for said children to all associates, friends and relatives.
  • The parent exercising their parenting time shall be held personally responsible for any missed children’s appointments and activities. Repeated incidents of non-excused school absence and other non participation in activities specified in this parenting plan will be deemed as parenting interference and may be brought to court. Work schedule and car trouble are not acceptable excuses for repeated absences in any of these activities.  

 

Both parties will discuss any activities that the children would like to participate in before a decision is made and a mutual agreement must be made in writing. Neither party may sign up the children for any activity without the written consent of the other party. Both Parents agree that both children shall participate in the following activities:

·        One session of summer camp during summer vacation. Location and program to be agreed upon in writing in the month of April of each year.

  • At least one academic activity such as but not limited to: private tutoring, prep schools and summer school. These must include minimum of two sessions a week and conducted throughout the year.
  • At least one sports related activity of the child’s choice. Participation must include a minimum of two practice sessions per week throughout the year.

 

MEDICAL

  • The Parents shall cooperate fully and completely with the other Parent in allowing said children to take full advantage of available regular, preventive and emergency care coverage. Annual physicals, annual eye exams, semi-annual teeth cleaning to be scheduled by Parent who provides health insurance coverage. Other Parent is responsible for making sure these appointments are made and followed through. Parents may write a letter to the attending specialist which will be presented at the time of appointment or speak to the doctor directly before or after the appointment regarding their concerns and requests for the said children. Parents have the option to make additional appointments to request a second opinion or to confirm and approve results, diagnosis, and treatment plans for said children.
  • As long as either Parent has reasonable access to health care, they shall provide medical insurance for said children. 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. 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 children.
  • All costs relating to medical expenses for said children shall be split in proportion equivalent to the Parents respective income ratios as determined in the child support guidelines. Medical expenses include health insurance, medical, pharmaceutical, dental, orthodontic, optometric, psychological or any other physical or mental health expenses covered and not covered by insurance.
  • The Parent who incurs the bill shall have two options to seek payment from the other Parent. First option: They may submit that bill and a copy of the Insurance Explanation of Benefits Paid or Denied to the other Parent within forty-five (45) days. In which case, 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. Second option: The Parent may retain copy of the bill and payment receipt to be credited at time of yearly child support review.
  • Each Parent shall provide advance notification to the other Parent about proposed and forthcoming medical care, 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 children, and within two (2) hours of any life threatening illness or accident. Each Parent shall immediately notify the other in the event of the death of said children.
  • 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. 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). 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.
  • 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 children.  Each party shall see that ALL state, legal, medical, surgical, dental, psychiatric, psychological, counseling, test, criminal and school records for said children are available and accessible to both parties.  

 

INFORMATION EXCHANGE

  • Each Parent shall provide the other Parent promptly with information concerning the well-being of said children. Exchange of information shall be conducted weekly with any urgent messages needing a response before the end of the week to be relayed by e-mail immediately upon receipt. Information concerning the well-being of said children includes, 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 children, 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 supervisors, and friends, schoolmates and relatives, unless specifically prohibited to do so by any friend, schoolmate or relative, for said children.
  • As children grow into their teenage years, each party shall keep the other informed of: Change of children’s friends, Change in children’s style of dress, Change in children’s make-up, Change in children’s hair style or cut, Use by the child of controlled substances including alcohol and use of tobacco products including cigarettes, cigars, chewing tobacco or snuff, Child’s employment status whether full time or part-time.
  • Each party shall inform the other of: Any actions whatsoever, involving the minor children that take place in Juvenile, Small Claims, Municipal, or Superior Court, Any actions by the minor children resulting in the death or injury to a third party, Any actions by the minor children resulting in property damage to a third party, Any actions by the minor children arising out of the use of a vehicle resulting in property damage or death/injury to a third party, Any actions by the minor children resulting in property damage to a school, The parties must mutual agree on a choice of Guardian ad litem, if such an appointment is necessary, Either Parent must notify the other upon refusal to provide the minor children a home.

 

CONTACT BETWEEN PARENTS

  • Both parties shall acknowledge that this is a high conflict separation and shall make all practical efforts to minimize direct contact with the other party to avoid further confrontations with the other party.
  • Contact and communication between Parents shall be conducted mainly by means of written correspondence by regular mail or electronic mail. Parties must refrain from initiating telephone contact with the other party as much as possible, limited to emergency situation and other unforeseen events. Both parties will consent to the other party recording any portion of telephone conversations taking place between the parties at anytime. If a third person is in attendance through a speaker phone or conferenced into the call, permission must be obtained from that third person prior to the start of conversation.
  • Parties must also refrain from engaging in a face to face discussion for any length of time, regardless of topic in the presence of the children. Should such non emergency meeting be required, the party initiating the meeting shall notify the other party in writing minimum of 24 hours prior to the meeting. The responding party may not refuse this request as long as it is between the hours of 9am to 9pm and does not interfere with their work schedule, children’s transportation schedule and children’s extracurricular activity schedules. Party initiating the meeting shall prepare and make available in writing the meeting agenda. A neutral third party such as but not limited to a police officer and mediator must be present and in attendance for the full duration of the meeting ensure civility and to keep the meeting on track. If such third person is not available, both parties may agree to record the meeting by any audio visual recording devices at their disposal. Children shall never be present nor with in ear shot of this discussion at any time.
  • Written correspondence shall be focused on the following points. State the nature of the problem or situation. Explain why this is an issue or problem for you. Propose and provide several options on how you would like it resolved.
  • Once a letter is received, the other party must immediately acknowledge receipt and provide a response within 48 hours of receipt. While each Parent is encouraged to respond to all requests within 48 hours, silence in regard to a request shall be considered a "yes" to the other party’s proposed solution.
  • 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. All contact with the other party shall be limited during hours of employment to emergency contact regarding the immediate care of, or urgent health and welfare of said children.

 

CONTACT TELEPHONE/MAIL

  • Each party shall be allowed to exercise reasonable telephonic communication with said children including, but not limited to, a daily telephone call, initiated between the hours of 6:00PM to 9:00PM. Maximum of 2 telephone calls per day is considered the high end of the ‘reasonable’ scale to facilitate contact between non-custodial Parent and said children while in the custodial Parent’s care.
  • The parties are restrained and enjoined from initiating or allowing any other person to initiate telephonic communication to the home of the other Parent between the hours of 10:30PM and 6:30AM except in cases of emergency regarding the immediate health and welfare of said children specifically.
  • When exercising their telephonic communication, each Party may speak with said children, without delay unless said children are away from the home, sleeping, napping, eating or bathing, in which case the Party receiving the telephone call shall see that said children returns the call at the earliest possible time thereafter.
  • In order to facilitate telephone contact between the parties and their children, all parties are ordered to initiate and assist their children in immediately returning phone messages attempting telephone contact with their children, from the other Parent.
  • The Parents, spouse, said children or other children, relatives, friends, live-in mates/roommates of either party, are restrained from unreasonably interfering with the rights to privacy of said children during such telephone conversations, or from listening on an extension telephone.
  • Said children 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.
  • Said children shall be allowed to listen to recorded messages from the other Parent whenever possible. Recorded messages should clearly indicate the children as the recipient and must be recorded separately from other business messages to the other Parent.
  • Each party, upon receipt of mail or packages addressed to said children from the other Parent, Step-Parent, relative, or friend of the other Parent, shall see to it that such mail or packages are given unopened to said children, or read to and opened for said children who are unable to do so. Said children shall be allowed to retain possession of any appropriate gifts given or sent by the other Parent, Step-Parent, relative or friend of the other Parent.
  • Neither Parent may visit said children in the other Parent’s care, or come within one block of the other Parent’s residence, place of employment without prior written arrangement and permission from the other Parent. This does not apply for scheduled parenting time exchanges outlined in this Parenting Plan.

 

 

REGULAR PARENTING TIME

The residential arrangements defined below are provided for the best interests of the children. The children's interests are best served by a full and regular pattern of contact with both Parents, responsiveness and cooperation by both Parents.  

Beginning Friday [      /       /      ], the following PERMANENT Parenting schedule shall be in effect:

 

REGULAR PARENTING SCHEDULE

  • Mother and Father shall share Parenting Time equally.
  • Each Parent shall have parenting time of said children for one week beginning Friday afternoon and ending the following Friday afternoon. The Parent beginning their parenting time is responsible for picking up said children from school or daycare on Friday. If said children are not enrolled in school or daycare, the Parent ending their parenting time shall deliver said children to the receiving Parent’s residence no later than 6:00PM.
  • Summer schedule will remain the same as during the school year. During the summer or on school breaks, location for pick up and drop off will change to the receiving Parent's residence. All times will remain the same.
  • The Parent whose parenting time is in effect has the option of offering the other Parent additional parenting time with no additional obligation from the other Parent at anytime.

 

CONFLICTS CLAUSE: Special days and Holidays shall prevail over regular parenting schedule.

 

HOLIDAYS AND VACATION SCHEDULE

On even years, Father shall have said children on the following occasions. On odd years, Mother shall have said children 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 (2 overnights)
  • Pre Christmas: December 21, at 6:00 PM and ending on Christmas Eve at 9:00 AM (3overnights)
  • Christmas Day: 9:00AM Christmas day until 9:00AM one day after Christmas (1 overnight)

 

On even years, Mother shall have said children on the following occasions. On odd years, Father shall have said children 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 two days before Thanksgiving until 6:00 PM one day after Thanksgiving (3 overnights)
  • Christmas Eve: 9:00AM Christmas eve until 9:00AM Christmas day (1 overnight)
  • Post Christmas: December 26, at 9:00 AM and ending December 29, 6:00 PM (3 overnights)

 

WINTER AND SPRING BREAK

  • Winter Break Vacation begins after Post Christmas parenting time, ending the day before school begins again, at 6:00 PM.  Each child will be given opportunity for individualized parenting time with each Parent. Vacation days will be split equally so each child will have parenting time alone with each Parent. 
  • Spring Break Vacation begins when school releases said children for said Vacation, ending the day before school begins again, at 6:00 PM. Each child will be given opportunity for individualized parenting time with each Parent. Vacation days will be split equally so each child will have parenting time alone with each Parent. 

 

SPECIAL DAYS AND EXTENDED VACATION

  • Fathers Day: Father shall have Parenting Time with said children from 6:00 PM Friday preceding Fathers Day until 6:00 PM Sunday. (2 overnights)
  • Mothers Day: Mother shall have Parenting Time with said children from 6:00 PM Friday preceding Mothers Day until 6:00 PM Sunday. (2 overnights)
  • Child’s Birthday/ Parent’s Birthday: Each Parent should have said child the weekend directly before or directly after his/her birthday by default agreement. If for any reason one Parent does not have said child either the weekend directly before or directly after his/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.
  • For the purpose of vacations, each Parent shall be allowed one, two (2) week uninterrupted periods of Parenting Time with said children per year. This Parenting Time shall start on the custodial Parents’ Friday afternoon and end the second Friday after. This Parenting Time shall NOT be taken in any manner that would prevent either Parent from spending time with said children for their birthday and the weekends preceding and following. 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 children as soon as possible, but no later than sixty (60) days before he/she wishes to take his/her vacation.
  • Each Parent shall allow said children to have liberal parenting times with his/her Grandparents, maternal and paternal. The parties agree that the relationships of their children with their extended families are important. The parties will reasonably accommodate visits with extended family members by adjusting their parenting time to allow their children visits with such family members. However, each will attempt to schedule time for family members during such Parent's own parenting time. Any time taken away from the other Parent's regularly scheduled parenting time for such visits shall be considered vacation time. Any changes in time with the other Parent for such visits are subject to the rules for vacation.

 

PARENTING TIME MAKE UP

  • It is understood partial or reduced parenting time is more beneficial to said children than no parenting time. Should valid reason occur, such that one Parent is not able to exercise his/her entire parenting/vacation time or custodial period with said children, 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 children with the full advantage of time with the other Parent.
  • Each party shall not deny any child parenting time with the other Parent because that child or other of said children are busy, not available, are being punished, are suffering an illness, or refuse to go on the scheduled parenting time or custodial period.
  • In cases of the children’s illness, the receiving Parent shall have the option of verifying the illness of said children in person or by telephone, and shall have the option of caring for said sick children unless said sick children are under the care of a physician for serious illness, or are taking prescription medication for serious illness. Parent shall provide telephone numbers for contacting the physician currently caring for said sick children, or produce proof that said children are taking prescription medication, 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.
  • Each parent shall be enjoined from interfering in any way with the other Parent’s court ordered parenting time or custodial period, and from interfering with legal access of said Parent or Step-Parent to said children.
  • Each parent shall not in any manner, or for any reason whatsoever, suggest or demand that the other party should not exercise all or a partial portion of his/her court ordered parenting time or custodial period with said children.
  • The parties shall not plan or arrange any event or opportunity whatsoever during the other Parent’s scheduled parenting time, nor shall either party tell said children of any event or opportunity which is scheduled or could be scheduled for said children during the other Parent’s parenting time or custodial period.  The parties shall not allow or attempt to persuade said children 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 children are already aware of said event or opportunity.
  • Each party shall not demand or insist that parenting time or custodial periods be exercised with both (2), of said children every time. Each of said children has the right to individual parenting time with both Parents that said children shall have the right to parenting time with or without the other child. Parents have the right to exercise parenting time with a single child, on occasion in order to provide the best love, care and attention based on the unique and individual needs of that child.
  • In the event of illness, accident, or death in the immediate family, additional parenting time shall be allowed so that the children may see the family member upon request or attend the funeral of the deceased family member. "Immediate Family" shall be defined as follows: William Erickson, Tina Glasglow, Eileen Burchett, Phillip Prather, Dolly Prather, Ron Burchett, Rick Prather.
  • Each Parent and/or Step-Parent shall have the right to visit or interact with said children, while said children are not directly in the care of the other Parent. This includes, but is not limited to; any and all times said children 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. Both Parents have access and may participate in the children's education, including the right of access to the minor children for lunch and other activities, on the same basis that is provided to all parents, provided the participation or access is reasonable and does not interfere with day-to-day operations or with the children's educational performance.

 

TRANSPORTATION

  • Parent having their parenting time with the children are responsible for providing transportation of said children to and from school and other activities during their parenting period. Should the Parent be unable to transport children due to unforeseen events (e.g. car trouble), they should make every effort to arrange alternate transportation for the children, including contacting the other Parent in order to minimize absences from activities.
  • The default pick-up and drop off location for said children shall be at home of the Parent beginning their parenting time or an agreed upon or designated public place, or in the school office of said children. On regular parenting schedule, children will be picked up directly from their schools or daycare.
  • Each Parent shall provide half of all transportation. Parent ending his/her Parenting period is to provide and/or pay for transportation of said children.
  • Both Parents shall have the right to delegate the responsibility of transporting said children, to any Step-Parent or other agreeing responsible adult, possessing a driver’s license, at any time for any reason whatsoever. The Parent delegating the responsibility of transporting said children, should make an effort to inform the other Parent of whom will be arriving to return or receive said children. If the delegating Parent is unable to contact the other Parent prior to the return or exchange of said children, he/she should send a note verifying the delegated person as the person whom the Parent has sent to return or receive said children.
  • 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. 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.

 

EXCHANGE PROCEDURES

  • Each party shall not refuse to surrender said children to the other party or designated responsible adult promptly at the beginning of each of the party’s parenting time, or custodial period. The Parent ending his/her parenting period shall leave the premises immediately after delivering said children.
  • The party returning said children from a scheduled vacation, parenting time, or custodial period shall also promptly and simultaneously return all belongings, clothing, toys, prescription glasses, prescription or over-the-counter medication or empty containers thereof, suitcase or carrying container, school books, papers, homework assignments, or any other item with which said children arrived. Belongings of said children shall be delivered in an appropriate container for travel. Parent shall also promptly and simultaneously provide any school books, papers or homework assignments due the following school period.
  • In the event the Parent returning said children from a court ordered parenting time or custodial period, finds that the Parent receiving said children is not at the designated child return location, at the court ordered child return time, then the Parent returning said children shall wait at least thirty (30), minutes past the court ordered return time of said children, before leaving, unless prior arrangements for late arrival have been made. Also, before leaving, the Parent returning said children shall leave a large note, in plain sight, on the other Parent's front door, stating that he/she was at the appointed location, the time he/she arrived, and the time he/she departed. If party returning the child must use a child care provider due to receiving parent’s absence, contact number and address for childcare provider should also be included.  Said note shall contain the signature of the Parent returning said children, and the signature, if possible, of at least one (1), adult witness. Parent returning said children shall leave the premises immediately upon delivery of said note, and shall keep a copy as evidence. The tardy Parent that was to receive said children, is then ordered to provide and/or pay for return transportation of said children for this parenting time or custodial period only, which he/she may delegate to a responsible adult. The tardy Parent is also responsible for paying any and all childcare costs associated with this tardiness.
  • In the event the Parent receiving said children for a court ordered parenting time or custodial period, finds that the Parent delivering said children is not at the designated child delivery location, at the court ordered delivery time, then the Parent receiving said children shall wait thirty (30), minutes past the court ordered delivery time of said children, before leaving, unless prior arrangements for late arrival have been made. Also, before leaving, the Parent receiving said children shall leave a large note, in plain sight, on the other Parent’s front door if pick-up is near the residence of the other Parent, stating that he/she was at the appointed location, the time he/she arrived, and the time he/she departed. If party receiving the child was scheduled to use a childcare provider in their absence, contact number and address for childcare provider should also be included. Said note shall contain the signature of the receiving Parent, and the signature, if possible, of at least one (1), adult witness. Receiving Parent shall leave the premises immediately upon delivery of said note, and shall keep a copy of said note as evidence. The tardy Parent that was to deliver said children is then ordered to provide and/or pay for the transportation of said children for this parenting time or custodial period only, which he/she may delegate to a responsible adult. If the child was scheduled to be at a childcare provider by the receiving Parent, the tardy parent must transport the children to the provider as instructed upon receiving the note left by the receiving parent.
  • Each party shall be prohibited and enjoined from going to the residence of the other party at any time or for any purpose other than the specific purposes set forth in this Order of this Court, unless accompanied by police or other court appointed escort, or unless specifically invited to do so by the other party or the legally married spouse of said party in writing, for purposes pertaining only to the exchange of said children, or in the case of an emergency regarding said children. Each party shall contact the other party via telephone or e-mail and obtain explicit, written permission to go to the residence of the other party at any time or for any purpose including but not limited to delivering belongings of said children and delivering communication materials to the other Parent.
  • Each party shall be prohibited and enjoined from entering the residence of the other party unless issued specific written invitation to do so by that party or his/her legally married spouse.  Each party shall not enter the home of either party at the invitation of any child, friend, relative, roommate/live-in mate, neighbor, or baby-sitter. Each party shall upon entering the home of the other party by written invitation, shall remain within the area indicated by said residing parties. That upon leaving the residence area, both Parents shall retain a copy of said written invitation signed and dated by both parties. Each party shall leave the area of the residence of the other party promptly upon completing any business pertaining to the visit, and shall keep a copy of said invitation signed and dated by both parties.

 

RIGHT OF FIRST REFUSAL

  • Both Parties shall have the right of first refusal to care for said minor children 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 children overnight, or for a period of two (2) hours or longer, that Parent must first offer the other Parent the opportunity for additional time with said children before making other arrangements for the temporary care of said children.
  • If the custodial Parent chooses, is forced or is required to leave said children overnight or for two (2) 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 children up from the caregiver with whom said children was left with. The custodial Parent must also leave the phone number and address of the caregiver with whom said children 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 children has been left.  If the non-custodial Parent chooses to pick up the children from the caregiver, they must first contact the caregiver by phone with the intent to exercise pick up prior to arriving at the caregiver’s address.
  • The custodial Parent must also make the caregiver with whom said children were left with, aware that the non-custodial Parent, Step-Parent, or authorized responsible adult, may pick said children 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.
  • If the non-custodial Parent chooses to care for said children in the custodial Parents’ absence, the non-custodial Parent, Step-Parent, or authorized responsible adult, shall pick said children up, and the custodial Parent, Step-Parent, or authorized responsible adult, shall retrieve said children 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, Step-Parent, or authorized responsible adult, delivering said children to the non-custodial Parent’s home and the non-custodial Parent, Step-Parent, or authorized responsible adult, returning said children to the custodial Parent’s home, when he/she returns from his/her absence.
  • If the non-custodial Parent wishes to care for said children 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 children with a specified family member or caregiver until the non-custodial Parent is able to pick said children up. The custodial Parent shall then retrieve said children from the non-custodial Parent’s home when he/she returns from his/her absence.
  • Parent leaving said children 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 children by other persons. When the custodial Parent returns from his/her absence at a time other than previously estimated and arranged with the non-custodial Parent, they must call ahead to inform the non-custodial Parent of their intention to retrieve the children before arriving at the residence. If the custodial Parent returns from his/her absence, past the children’s bed time (9:00PM, he or she must wait until the following morning, at a reasonable hour (7:00AM) to retrieve the children from the non-custodial Parents home.
  • In the event it becomes known that a Parent was denied or not properly notified the opportunity to provide care for the child in the other parent’s absence, it shall be deemed as parenting time interference and the Parent denied may bring this to court at a later date.

 

DAYCARE

  • The Parent with whom the children are living on any day is responsible for arranging their care on teacher duty days, if they are sick, or during school or public holidays. The Parent having parenting time with the child on any day is responsible for retrieving children if requested from their school or other caregivers due to illness, disciplinary actions, or for any other reason. The Parent with physical possession of the child on any day may delegate this task to the other Parent, Step-Parent or other responsible adult if the other party is available and agree. It shall be acknowledged that the Parent who is not having parenting time with the child is not obligated to arrange for transportation, child care and other such services for the Parent having parenting time. Any assistance requested and offered by the other Parent is purely voluntary.
  • If either Parent requires the services of a daycare or childcare provider, after providing the other Parent with the right of first refusal, each Parent may independently choose a licensed daycare, childcare provider, or other responsible adult to care for the children in their absence.
  • 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 children with a proper educational environment, or does not provide said children with an educational environment that is equivalent to said children’s learning abilities. The Parent receiving such disapproval shall make effort to use a different provider whenever practical.
  • 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.

 

 

PARENTING

  • Each Party shall not deny parenting or custodial rights due to a refusal to provide said financial contribution. Nor shall they speak of or mention any aspect of their grievance regarding financial contributions of the other party in the presence of said children.
  • Parents shall not make demands of the other Parent, or make promises to said children or others, concerning the financial contribution of the other Parent toward the purchase of any gifts, activities, events or trips, the paying of any fees or of cash for any necessary or extra items, or donations of money or services on the part of the other Parent without the advance written consent of said Parent.
  • Each Parent shall be restrained and enjoined from harassing, annoying, striking with hand or object, threatening, assaulting, using verbally abusive language, or molesting the other Parent or Step-Parent in any manner whatsoever in an attempt to alarm, coerce, anger, or frighten either party, either in the presence of said children, during telephonic communication between said Parents or Step-Parent, or between a Parent and said children, by written word, or at any other time. 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 Step-Parent, in an attempt to alarm, coerce, anger, or frighten either party in any manner or at any time whatsoever.
  • The Parents are restrained from making negative statements about the other Parent or Step-Parent in the presence of said children, and shall not allow any other person to make negative statements about the other Parent or Step-Parent in the presence of said children.
  • The Parents shall not use said children or any other person except a designated messenger, to deliver any messages to the other party.
  • Neither Parent shall use the children, directly or indirectly, to gather or pump information about the other Parent’s lifestyle, parenting style, emotional or financial state.
  • The Parents are restrained and enjoined from attempting to coerce said children into false and negative beliefs about, negative or abusive behavior toward, or attempt to alienate said children from, Parent or Step-Parent, and shall not attempt to foster a lack of love or care for the other Parent or Step-Parent in any way whatsoever.
  • Each Parent shall encourage the children to discuss their grievances against a Parent directly with the Parent in question. It is the intent of both Parents to encourage a direct parent child bond and communication.
  • Each Parent shall strive to be the best possible parent for said children. To this end each Parent agrees to the following: not to attempt being both parents to the children, not to force the children into playing the role of the departed parent, remain the parent and not play the role of "big brother" or "big sister" to the children.
  • Parties shall acknowledge that it is to the children’s best interest that both parents be involved in all aspects of the children's lives and provide a reasonably consistent routine of activities, values and discipline within each home. Absence, inconsistency and conflict within each home are opposed to the best interests of the children

 

HOUSEHOLD RULES

  • 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.
  • Corporal punishment of said minor children, IF ANY AT ALL, be administered only by the natural Mother or the natural Father. Both parties are restrained from allowing any other person to administer corporal punishment to said minor children.
  • Each Parent shall understand and agree that the other Parent has different rules in their household than their own. If a child points out that things are handled differently at the other Parent’s home, each Parent must assert the rules in their own household while respecting that things are done differently in the other Parents household and must not unduly disparage the other Parent’s method or rules in the presence of the child.
  • Each Parent shall understand and agree that the other Parent provides acceptable clothing, toys and accessories for said children, and shall not instruct said children to bring extra toys, clothing and accessories, unless requested by the other Parent, Step-Parent or designated responsible adult. Children’s request to take their toys, clothing and accessories to the other Parent’s home should be honored whenever practical. All belongings must be returned at the end of the parenting time unless otherwise agreed in writing.
  • The children have not to date been brought up with any particular religious orientation. They may be exposed to any doctrines, ceremonies and celebrations as they or either Parents desire. The Parent having parenting time on Sunday or Sabbath or any other religious occasion, has the right to choose whether the children attend a religious institution including Church, Temple, or Assembly Hall. Attendance in such activities shall be secondary to attendance of school and extra-curricular activities previously arranged.
  • Each Parent agrees not to use obscene or vulgar language in the presence of the children and must discourage use of such language in said children at all times.
  • Both Parents acknowledge the danger associated with second hand smoke and agree not to smoke in the presence of the children or allow anyone else to do so while indoors and in close proximity to the children while outdoors.
  • During any period of parenting time 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.
  • Both Parents shall provide proof of, on an annual basis, a valid drivers license and vehicle insurance liability coverage for vehicles used to transport said children during their respective parenting times.
  • Neither Parent shall expose minor children to any overt or explicit sexual acts committed in the children‘s presence. Minor children may not be exposed to any sexually explicit or pornographic written material or sexual paraphernalia. Each Parent shall not expose minor children to sexually explicit television programs, audio or videotapes, or movies that are rated ‘X’.
  • Both Parents agree not to expose the minor children to any drug paraphernalia, such as scales and balances, containers designed for use or marketed for use in the storing or concealing controlled substances, hypodermic syringes, needles, hashish pipes, carburetion tubes, carburetion masks, roach clips, miniature cocaine spoons and cocaine viles, chamber pipes, electric pipes, air driven pipes, bongs, ice pipes or chillers, or other paraphernalia.
  • Both Parents agree not to possess, store, or use deadly weapons in the residence, place of visitation, or any other location in the children ‘s presence of the following weapons including rifles, pistols, machine pistols, machine guns, shot guns, or other deadly weapons.
  • Both Parents agree not to have any contact with any known drug users, pushers, or sellers of any controlled substance, known convicted felons, any persons known to be addicted to any controlled substances including alcoholic beverages.

 

STEP-PARENTS

  • A Step-Parent, 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 three months or more.
  • Step-Parents 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.
  • The Step-Parents of said children shall have the right to transport said children for parenting times and custodial periods, school, activities or trips, or to provide any other transportation required in the parenting and custodial care of said children.
  • Step-Parents shall have the right to share information with 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 children for the purposes of providing said children with proper care and supervision.
  • Step-Parents shall have the right to seek regular and emergency medical care for said children under the guidelines of this Order, and to consent to such care should the need arise, and a custodial Parent is not available to consent to such care.
  • The Step-Parents shall have the right to touch, hold and carry, dress, feed, diaper, bathe, make purchases for, administer necessary medications to, and discipline said children within the guidelines of this Order, with the implied consent of the Parent residing in that home.
  • Step-Parents shall have the right to receive telephonic and written communication from said children without interference from any person.
  • Step-Parents shall NOT administer corporal punishment, or physically strike said children for any reason whatsoever.
  • Step-Parents 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.

 

EXPENSES

  • In the event either Parent shall incur daycare, babysitting or other childcare 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. If both parents acknowledge the need for child care and mutually approve of the childcare provider, expenses shall be split in proportion equivalent to the Parents respective income ratios as determined in the child support guidelines. Receipts for paid childcare expenses shall be retained for annual review of child support.
  • All expenses including clothes, food, toys, and gifts for the children shall be paid for separately by each Parent for any and all items needed or used during their respective Parenting Time. Neither Parent shall be responsible, in any way, for any expenses the other Parent or said children incurs while with the other Parent, other than medical expenses as stated in this Court Order.
  • Child support amounts shall be evaluated yearly based on previous years tax return, childcare and medical expenditure with paid receipts in the past eleven (11) months (June to May of following year. This will be conducted in the month of May to be implemented starting June of that year.
  • Child support arrangements to be made until each child is 18 years of age or finish High School which ever is later.
  • The Parent who is providing more than sixty percent (60%), of support of said children shall exercise the Federal and State dependency tax deductions with reference to said children. Should the other Parent begin earning a provable wage, and begin providing forty percent (40%), or more of the support of said children, Parents will alternate by year which child will be claimed by which Parent for Federal and State dependency tax deductions.

 

LEGAL

·        Both Parents shall be provided with copies of the Birth Certificates, Social Security cards, and Driver’s Licenses of each of said children.

·        The children's full names shall not be changed, either by common usage or legally, without the children's agreement and the written consent of both parties, or until the attainment of the children's eighteenth birthday.

  • The children shall not be adopted by another person associated with either Parent, or anyone else, while both Parents are living.
  • Neither party shall consent to the minor children participating in the following events, without the express written permission of the other party, or further order of this court; Dating, Attending driver’s education classes or obtaining a driver’s license before the statutory age, Enlisting in a military service of any kind, including ROTC, Consent to marry.
  • In the event of the death of any of said children, all decisions concerning the appropriate care of said children, and concerning the estate of said children shall be made by both Parents jointly. In the event said children 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.
  • In the event of death of either Parent, full legal and physical custody of said child shall be retained by the surviving Parent.
  • In the event that either Parent dies, the children shall still be allowed liberal and continuing contact with the deceased Parent's family. The children shall be allowed visitation equivalent to one weekend a month with the deceased Parent's family (not to interfere with school attendance), and 1 week in the summer with them. All expenses and transportation related to this contact are the sole responsibility of the family of the deceased Parent.
  • If either Parent is charged with child abuse, child molestation, etc., and the minor children are taken into the custody of juvenile authorities, the other Parent consents to having the juvenile authorities release the minor children into the custody of the Parent who is not being charged.

 

WRITTEN AGREEMENTS

  • It is expressly understood the enumerated times each Parent shall be with, and responsible for care of said children are not subject to modifications by mutual agreement unless in writing, dated, signed and witnessed, and each Parent shall retain a copy. That said children are to receive the maximum benefit to be derived from the love, care and attention of both Parents.
  • 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.
  • This Parenting Plan shall supercede all before it, and may not be modified without the mutual written consent of both Parents. Annual review of this parenting plan shall be conducted in the month of April.
  • 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.
  • This Parenting Plan shall stay in effect until each child is 18 years of age or complete High School which ever is later.

 

SOLVING DISPUTES

  • The dispute resolution process shall be commenced by notifying the other party by written request.
  • The costs of mediation/arbitration shall be allocated between the Parents respective income ratios as determined in the child support guidelines or as decided by the arbitrator if the parties disagree.
  • In the dispute resolution process, preference shall be given to carrying out this Parenting Plan. Unless an emergency exists, the Parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support. A written record shall be prepared of any decision reached in arbitration and shall be provided to each party. The parties have the right of Appeal from the dispute resolution process to the superior court. Reasonable attorney’s fees shall be assessed against an appealing party who does not substantially better his/her position in the Appeal process.

 

 

 

If one party interferes with any aspect of the parenting plan and it is brought back to court the interfering party pays for court costs. If interference is unsubstantiated, the party bringing the other party to court will pay for court costs.

 

Any interfered parenting time is tracked cumulatively and must be made up at a later date on a schedule to be specified by the Parent whose time was interfered. Make up time must be made during regular parenting time and must not interfere with Holiday, vacation and special day schedules.

 

All conversations taking place between the parties and minor children through face to face conversations, phone conversations and written correspondences can and will be recorded at each party’s discretion. Such recordings may be used as evidence in court as needed.

 

Three strikes rule. If either party bring three actions in front of the court for parenting time interference and other infractions of this parenting plan and is subsequently substantiated by the courts, the Parent whom these actions were brought against will have their regular weekday and weekend parenting time cut in half. Holiday, vacation and special day schedules will remain unchanged.