Tuesday, November 07, 2006

Sample Shared Parenting Plan - Create Your Own Parenting Plan

Create Your Own Shared Parenting Plan = Save Money!

This Shared Parenting Plan (SPP) has been designed as a basic starting template for shared custody between divorced parents. It also includes a section that provides for a "phasing in" of parenting time. This section may not be needed or may not be appropriate, depending upon your individual situation, but it should prove useful as a good starting place. This sample should make you think about the items you would like to include in your own parenting plan. As with all the sample forms on this site, you will need to edit it to conform to your particular circumstances. Items in [brackets] will need to be filled in.

Proposed Shared Parenting Plan
1. This document details the joint legal responsibility and joint physical responsibility for said children, [child's name] and [child's name]. The biological Parents, [father's name] and [mother's name], shall share and participate in the joint legal responsibility and joint physical responsibility for said biological children. That Parents shall share custody of said children as set forth below:

A. A temporary "phasing in" of visitation shall take place due to the impaired relationship between the Father and the children because of previously denied visitation. The temporary visitation will be as follows: The following visitation will be between father and children ONLY, no supervision, and will be in a neutral, public place. Father will drive to Mothers town for one visit, and Mother will drive to Fathers Town for next visit. Visitation will be for 3 hours, each visit. [Insert date] - Father drives to Mother's location [Insert date] - Mother drives to Father's location [Insert date] - Father drives to Mother's location [Insert date] - Mother drives to Father's location The following visitation shall be between father, his wife, and children of that marriage and said children. Visitation will be either in a neutral, public place, or in the fathers home at the Father's discretion. Father will drive to Mother's town for one visit, and Mother will drive to Father's town for next visit. Each visit will be for 3 hours. [Insert date] - Father drives to Mother's location [Insert date] - Mother drives to Father's location [Insert date] - Father drives to Mother's location The following visitation shall be for one overnight stay. Father will pick children up at Mother's home, [Insert address], at the beginning of the visit. Mother will pick children up at Fathers home, [Insert address], at the end of the visit. [Insert date] [Insert date] [Insert date]

B. That beginning the weekend of [Insert date], the following PERMANENT Parenting Schedule will be in effect: That Mother shall have Parenting time with said children from one week prior to school beginning, at 6:00 pm to one week after school ends, at 6:00 pm. That Father shall have Parenting Time with said children from one week after school ends at 6PM to one week before school begins (beginning the summer of [Insert date]). REGULAR PARENTING TIME Father shall have Parenting Time with children the 2nd, 3rd, and 4th weekend of each month, during the school year, from 6:00 pm Friday to 6:00 pm Sunday. That Mother shall have Parenting Time with children the 2nd, 3rd, and 4th weekend of each month, during the summer, from 6:00 pm Friday to 6:00 pm Sunday. HOLIDAY SCHEDULE On odd years, Father shall have the children on the following occasions. On even years, Mother shall have the children on the following occasions. Easter: 6:00 pm Friday preceding Easter until 6:00 pm Sunday. July 4: 6:00 pm July 3 until 6:00 pm on July 5. Thanksgiving: 6:00 pm Wednesday preceding Thanksgiving until 6:00 pm Sunday. Christmas: 6:00 pm day school is out until 8:00 pm Christmas Eve. On even years, Father shall have the children on the following occasions. On odd years, Mother shall have the children on the following occasions. Spring Break: 6:00 pm Friday school is out until 6:00 pm Sunday before school resumes. Memorial Day: 6:00 pm Friday preceding Memorial Day until 6:00 pm Monday. Labor Day: 6:00 pm Friday preceding Labor Day until 6:00 pm Monday. Christmas: 8:00 pm Christmas Eve until 6:00 pm January 1. SPECIAL DAYS Fathers Day: Father shall have Parenting Time with said children from 6:00 pm Friday preceding Fathers Day until 6:00 pm Sunday. Mothers Day: Mother shall have Parenting Time with said children from 6:00 pm Friday preceding Mothers Day until 6:00 pm Sunday. Each Parent shall have the children on the Parent's birthday from 6:00 pm the day preceding the Parent's birthday until 10:00 am the following day. SUMMER VISITAITON For the purpose of summer vacations, each Parent shall be allowed a two (2) week uninterrupted period of Parenting Time with said children. This Parenting Time shall NOT be taken during the Fourth of July holiday, unless it is that Parent's summer for the holiday. Each Parent shall inform the other Parent, in writing, of the dates of his/her vacation with the children no later than May 1st of each year. CONFLICTS CLAUSE Special days and Holidays shall prevail over regular periods of Parenting Time.

C. With respect to all Holidays and Special Days, including children's birthdays and Parent's birthdays, the Parent exercising Parenting Time shall make known to the other Parent a time and telephone number where the children can be reached for telephone communication.

2. The Parent with who said children are staying shall be responsible for daily care and shall make necessary decisions regarding education of said children, (academic pursuits at school, signing of report cards, after-school activities in which said children participates, etc.), cultural and artistic training, non-emergency health treatment.

3. All major medical decisions (including dental, psychiatric, tattoos, body piercing or other alterations), and general welfare (acquisition of passport, changing of name, signing of contracts on behalf of said children, signing of driver's license, etc.), shall be made by the prior written consent of both parties or further order of the Court.

4. Each Parent shall permit and encourage communications by the other Parent with ALL doctors, clinics, school nurses, counselors, and other healthcare providers regarding the health and welfare of said children.

5. 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. Each Parent shall be provided with copies of the Birth Certificate and Social Security cards of each of said children within 15 days of this order.

6. Each Parent shall provide advance notification to 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.

7. 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. Said children are to receive the MAXIMUM benefit to be derived from the love, care, and attention of both Parents.

8. Each party shall be allowed to exercise reasonable phone communication with said children including, but not limited to, four (4), thirty minute telephone calls per week. 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 11:00 pm and 7:00 am, except in cases of emergency regarding the immediate health and welfare of said children specifically. The Parents, spouse, said children, or other children, relatives, friends, live-in mates/roomates 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. 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. If at all possible, said children shall be allowed to listen to recorded messages from the other Parent.

9. Due to the current distance involved in delivering or receiving said children, each Parent shall provide half of all transportation. The Father, or an authorized agent, shall pick children up when they are at Mothers home, and the Mother, or an authorized agent, shall pick children up when they are at Father's home.

10. The Father shall exercise the Federal and State dependency tax deductions with reference to [child's name] each and every year until said child reaches the age of 19. The Mother shall exercise the Federal and State dependency tax deductions with reference to [child's name] each and every year until said child reaches the age of 19. (NOTE: If there is only one child involved, we suggest that the Parents alternate yearly taking the deduction for the child. -Editor)

11. In the event either Parent intends to leave said children for a period of forty-eight (48) hours or longer, that Parent shall first offer the other Parent an opportunity for additional time with said children before making other arrangements for the temporary care of said children. Parent leaving said children with the other Parent or with a temporary child care provider, shall notify the other Parent of the duration of the Parenting Time or temporary care of said children by other persons.

12. It be 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 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. That both Parents shall cooperate in supplying said children with the full advantage of time with the other Parent.

13. Each party shall provide the other party with the telephone number and address at which said children reside, and shall notify and provide the other party in advance, or within twenty-four (24) hours, of any changes of address and/or telephone number for said children. That each party shall provide the other party with the address and telephone numbers of at least three (3), emergency or alternate contact persons.

14. 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.

15. 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 three (3) weeks.

16. Each party shall keep the other party fully and promply informed of hi/her current residence address, home telphone number, and the name, address and telephone number of employer(s), and shall notify the other party in advance, or within twenty-four (24) hours, of any change of address and/or telephone number, change of employment, or change of address and telephone number of employer(s).

17. 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 the hours of employment to emergency contact regarding the immediate care of, or urgent health and welfare of said children.

18. The Parents shall provide the address and telephone number of contacting said children during ANY trip lasting two (2) days 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) days or more without a Parent, that the Parent shall provide the name, address, and telephone number of that person said children are visiting.

19. All schools that said children attend, other than local public school, shall be approved by the Parents jointly. In the event the Parents cannot agree to the selection of any other school, said children shall attend the local public school, or an appropriate alternative program provided, by the public school system.

20. 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. Should said children be required to attend school during the summer vacation, said children shall attend school at the location of the Mother.

21. Each Parent shall provide the other Parent promptly upon being requested to do so, with information concerning the well-being of said children including, but not limited to; weekly school attendance reports, reports concerning completion of homework, copies of report cards, school meeting notices, vacation schedules, class programs, requests for conferences, results of diagnostic tests, notices of activities involving said 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 supervisor, and friends, schoolmates and relatives, unless specifically prohibited to do so by any friend, schoolmate or relative, for said children.

22. 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. 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 the children unless the children are under the care of a physician for serious illness, and such physician has placed children on bed rest. Parent shall provide telephone numbers for contacting the physician currently caring for said sick child(ren) 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.

23. The Step-Parents of said children shall have the right to transport said children for Parenting Times, school, activities or trips, or to provide any other transportation required in the parenting 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. That 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, carry, dress, feed, 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. The Step-Parents shall have the right to receive and initiate telephonic and written communication from said children without interference from any person. The Step-Parents shall NOT administer corporal punishment, or physically strike said children for any reason whatsoever.

24. That 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.

25. Mother and Father are 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. 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.

26. The Father and Mother are enjoined from interfering in any way with the other Parent's court ordered Parenting Time with said children.

27. The Father and Mother 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 with said children.

28. 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. That 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.

29. The Father and Mother 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. That primary custodial Parent shall, upon delivery of said children to the other Parent, promptly and simultaneously provide each child with an amount of clothing appropriate to the duration of the visit, including but not limited to shirts, pants or shorts, socks, shoes, underwear, sleepwear and swimwear. Said clothing shall be seasonally appropriate, and of the correct sizes, clean and in good repair. Parent shall also supply any prescription glasses, prescription or over-the-counter medication, and seasonally appropriate hat, coat and gloves. 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.

30. The party returning said children from a scheduled vacation, or parenting time 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.

31. Each party, upon receipt of mail or packages addressed to said children from the other Parent, Step-Parent, or relative 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. The children shall be allowed to retain possession of any appropriate gifts given or sent by the other Parent, Step-parent or relative of the other Parent.

32. Both Parents shall cooperate fully in any reunification or other counseling/therapy sessions or programs which said children attend, and shall be prompt in transporting said children to and from any local appointments for said counseling/therapy.

33. 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. That 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.

34. In the event of death of either Parent, full legal and physical custody of said children shall be retained by the surviving Parent.

35. That as long as each 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 a copy of the insurance card.

36. 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, and split the cost fifty-fifty (50%-50%).

37. The Parents shall split the cost of all medical, pharmaceutical, dental, orthodontic, optometrical, psychological or any other physical or mental health expenses not covered by insurance fifty-fifty (50%-50%). The Parent who incurs the bill must submit that bill and a copy of the Insurance Explanation of Benefits Paid or Denied to the other Parent within 45 days to receive payment. The other Parent must submit their portion of that payment within 30 days to the other Parent.

38. If either Parent should use a provider outside the approved providers for the insurance, they shall be responsible for 100% of the cost.

39. In the event either Parent shall incur daycare expenses as the result of employment, the parties shall split daycare costs fifty-fifty (50%-50%).

40. If either Parent does need the use of a day care provider, the Parents MUST agree on the licensed daycare provider. The Parent incurring such expenses shall submit a copy of the day care bill, along with proof of payment of said bill (i.e. canceled check) to the other Parent within 45 days. The other Parent must submit their portion of day care expenses to the other Parent within 30 days of receipt of documentation.

41. This Parenting Plan shall supercede all before it, and may not be modified without the mutual written consent of both Parents.