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 year’s 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.