This is an example
of a comprehensive Parenting Plan
geared towards Joint legal and physical
custody. Most foreseeable situations
are covered in this Parenting Plan,
but you will want to read it carefully
and make changes based on your particular
situation, then have your attorney
review it. If you're pro se (without
an attorney), get a paralegal or Legal
Aid lawyer to review it.
FIXED CUSTODY AND PERMANENT PARENTING
PLAN
COMES
NOW the Petitioner, (your name here),
by Counsel (your attorney's name),
and the Respondent (ex's name here),
by Counsel (ex's attorney's name),
and moves the Court to approve the
following Fixed Custody and Permanent
Parenting Plan:
That joint legal responsibility
and joint physical responsibility
for said child(ren), (child's name),
(child's name) be ordered.
That natural Parents, Petitioner:
(your name here) and Respondent: (ex's
name here), 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:
- That said children shall reside
with Petitioner from Saturday at
8PM until Wednesday morning at 8AM.
That said children shall reside
with Respondent from Wednesday morning
at 8AM until Saturday at 8PM.
- Holidays, Birthdays and Vacations
will follow the (your court's name/jurisdiction)
Court System's Standard Visitation
Order whenever a mutually agreed
upon schedule cannot be determined
in advance. Deviation from the Standard
Visitation Order for Holidays, Birthdays
and Vacations must be agreed to,
in writing, by both Parents and
clearly communicated at least two
(2) weeks prior to the holiday,
birthday or vacation date.
- Parent commencing his/her parenting
period is to provide and/or pay
for transportation of said children,
which he/she may delegate to a responsible
adult. The pick-up location shall
be the Parent's home who's parenting
period has concluded unless specifically
set forth in writing and agreed
upon by both Parents. The Parent
beginning his/her parenting period
shall leave the premises immediately
after receiving the children for
his/her parenting period.
- That 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.
- That 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 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. That both
Parents shall cooperate in supplying
said children with the full advantage
of time with the other Parent.
- That 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. 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 said
Parent be unable to exercise the
Court ordered parenting time or
custodial period.
- Both parties shall have the right
of first refusal to care for the
minor children if the absence of
either party should be necessary
during their normal parenting time.
The use of baby-sitters, family
members, or subsequent spouses will
be secondary to this right. That
in the event either Parent intends
to leave said children for a period
of twenty-four (24) 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,
which he/she may delegate to a responsible
adult. Parent leaving said children
with the other Parent or with a
temporary child care provider, shall
notify that Parent of the duration
of the parenting time or temporary
care of said children by other persons.
- That 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.
- That each of said children has
the right to individual parenting
time with either Parent, that said
children shall have the right to
parenting time with or without any
other of said children in any combination
whatsoever. That Parents have the
right to exercise parenting time
with a single child of said children
on special occasions in order to
provide the best love, care and
attention based on the unique and
individual needs of that child or
those children, when agreed upon
by both Parents.
- The Petitioner and Respondent
are 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.
- That the Petitioner and Respondent
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.
- That parenting time with said
children shall take into consideration
the employment and expanded age-appropriate
activities of said children over
the age of fifteen (15).
- That neither party shall 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 the said children's property,
whether given to them as gifts,
received in payment for tasks performed,
or other, is their property, and
it's respective disposition is theirs
to designate. The children shall
designate where their property will
be kept. The party concluding his/her
parenting period shall not refuse
to surrender ANY items belonging
to the said children. ALL items
sent with the said children, for
their benefit or use, including
but not limited to medicines, eyeglasses,
orthodontia or auditory appliances,
clothing, shoes, coats, boots, school
books, library books or any other
item which belongs to the said children,
shall be promptly made available
to the children for their parenting
time with the other party.
- That Petitioner and Respondent
are 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 belongings of said children,
or in the case of an emergency regarding
said children. That Petitioner and
Respondent 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.
- That Petitioner and Respondent
are 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.
That Petitioner and Respondent,
upon entering the home of the other
party, shall remain within the area
indicated by said residing parties.
That Petitioner and Respondent shall
not enter the home of either party
at the invitation of any child,
friend, relative, roommate/live-in
mate, neighbor, or baby-sitter.
That upon leaving the residence
area, both Parents shall retain
a copy of said written invitation
signed and dated by both parties.
- That 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. That said
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.
- That 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.
- That each Parent shall allow said
children to have liberal parenting
times with his/her Grandparents,
maternal and paternal.
- That 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. That 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
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. That stepparents shall
have the right to receive telephonic
and written communication from said
children without interference from
any person. That stepparents shall
NOT administer corporal punishment,
or physically strike said children
for any reason whatsoever.
- 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.
- Neither party shall change the
residence of said children to a
location outside the State of Indiana
or one hundred (100) miles or more
from the county in which the parties'
children reside without the written
consent of the parties filed with
the Court in the above-captioned
cause, or upon petition and notice
filed pursuant to Ind. Code 31-1-11.5.21.1.
- That school attendance for said
children of school age be MANDATORY.
That 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. That either Parent will notify
the other should any of the said
children miss more than two (2)
days of school for any reason. That
should said school aged children
NOT attend school regularly, that
said children will reside with Petitioner
during months in which school is
in session.
- That 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 supervisors,
and friends, schoolmates and relatives,
unless specifically prohibited to
do so by any friend, schoolmate
or relative, for said children.
- That 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.
- That 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, this includes,
but is not limited to; tutoring,
additional educational instruction
or remedial education. Should said
children be required to attend school
during summer vacation, transportation
to and from school, and any additional
needs of the said children shall
be the responsibility of the Parent
exercising their parenting period.
- That the Parent with whom the
children are staying shall be responsible
for daily care and shall make necessary
decisions regarding additional educational
opportunities of said children,
(academic pursuits at school, signing
of report cards, after-school activities
in which he/she participates, etc.),
cultural and artistic training,
non-emergency health treatment,
during their respective parenting
periods. That all major medical
decisions (including dental, psychiatric,
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.
- The parties further agree that
their children would benefit from
post-high school educational opportunities,
including, but not limited to, university,
college, vocational, nursing etc.
Both parties further agree that
their children have the aptitude
to benefit from post-high school
educational opportunities. Lastly,
the parties agree that each party
should be responsible for fifty
percent (50%) of the net post-high
school educational expenses of their
children, through a four year program,
which expenses shall include, but
not be limited to, tuition, room
and board, books, supplies, transportation
expenses, and a reasonable weekly
allowance. In determining what amounts
the parties are equally responsible
for, the parties agree that their
children shall apply annually for
student loans and that their children
shall be primarily responsible for
their repayment of those student
loans, which shall be their children's
contribution towards these post-high
school education expenses. Further,
the parties agree that they shall
be given equal credit for any and
all college scholarships, grants,
fellowships, and student loans that
their children receive in order
to defray the total cost of the
post-high school education opportunity.
After application of the student
loan proceeds, in the manner dictated
by the student loan program, and
after application of any other credits
as against these expenses, including
the scholarships, fellowships or
grants, the parties shall thereafter
contribute equally to each expense
as it becomes due. The parties shall
endeavor to agree on this mechanism,
but, failing agreement, each shall
tender their one-half (1/2) contribution
to the child who is receiving the
benefit of the payment. The children
shall then be responsible for the
proper payment of the specific expense.
- That the 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. That the parties shall not
deny parenting or custodial rights
due to a refusal to provide said
financial contribution.
- That religious training and theology
of (your religious preference) be
pursued by said children. Both Parents
shall show, by example, their support
of their respective churches by
ensuring that their children REGULARLY
attend services and observe holidays.
- That the Parents shall provide
address and telephone number for
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. That whenever
said children will be away from
either Parent's home for a period
of two (2) days or more without
a Parent, that Parent shall provide
the name, address and telephone
number of the person said children
are visiting.
- That 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
the purpose 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.
- That Petitioner shall provide
any and all available health care
insurance coverage for said children
either through employment or any
other program offered to him at
reasonable or no cost. Additionally,
Petitioner shall provide any and
all uninsured health care costs.
Respondent shall cooperate fully
and completely with Petitioner in
allowing said children to take full
advantage of available regular,
preventive and emergency care coverage.
Respondent shall not frustrate or
encumber respondent with undue expense
without consultation, this includes
but is not limited to expenditures
related to cosmetic surgery or other
non-life threatening medical procedures
not covered by said insurance coverage.
Petitioner shall provide insurance
coverage and uninsured health care
expenses for the said children until
such time as they are emancipated
adults.
- That 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.
- That 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. That each Parent shall
immediately notify the other in
the event of the death of said children.
- That 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.
- In the event of the death of either
Parent, full legal and physical
custody of said children shall be
retained by the surviving Parent.
- That 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.
That both Parents shall provide
to the other, copies of Birth Certificates,
Social Security cards, and Driver's
Licenses of each of the said children.
- During each period in which a
party has physical custody, that
party shall be responsible for all
ordinary, daily expenses incurred
by or for the benefit of said minor
children.
- Petitioner and Respondent agree
to share equally expenses for the
children for the following types
of activities which the children
are or may become involved in during
the course of their upbringing:
music lessons, sports gear for athletic
activities in and outside of school,
swimming lessons, volleyball lessons,
school trips, gymnastic lessons,
summer camps, increase in auto insurance
premiums attributable to the parties'
children becoming licensed drivers,
etc.
- Petitioner shall have exclusive
right to claim (child's name) as
his dependents for federal and state
income tax purposes.
- Respondent shall have exclusive
right to claim (child's name) as
her dependents for federal and state
income tax purposes.
- Work Related ChildCare expenses;
both parties agree to offer the
other the opportunity to care for
the children, barring this, both
parties agree to employ certified
and licensed ChildCare professionals
where they are available and to
pay their individual costs.
- As to provisional needs of the
children; All of the said children's
clothing will be provided by the
Petitioner. The clothing will be
appropriate to the duration of the
visit, including but not limited
to shirts, pants or shorts, socks,
shoes, underwear, sleepwear and
swimwear, coats, hats, gloves boots,
etc. Said clothing shall be seasonally
appropriate, and of the correct
sizes, clean and in good repair.
- Recognizing the need for communication
in order to derive the most benefit
out of the joint legal custody order
of the Court, the parties agree
to:
- Recognize that they have a
joint duty to determine the
children's upbringing, including
education, health care and religious
training.
- Petitioner and Respondent
shall consult together frequently,
by telephone or correspondence,
if personal conferences are
impractical, in an effort to
mutually agree to in regard
to the general health and welfare,
education and development of
the minor children to the end
that, insofar as possible, they
may adopt a mutually harmonious
policy in regard to the said
children's upbringing.
- Each party shall notify the
other party of any serious illness
or of any accident befalling
said children.
- Neither Petitioner or Respondent
shall attempt, or condone any
attempt, directly or indirectly,
by any artifice or subterfuge
whatsoever, to estrange the
children from the other party,
or to injure or impair the mutual
love and affection of said children.
- That at all times, the parties
shall encourage and foster in
the children sincere respect
and affection for both parties,
and shall not hamper the natural
development of the children's
love and respect for the other
Parent.
- Petitioner and Respondent
shall give each other immediate
access from the other, or from
a third party, to records and
information pertaining to the
minor children, including, but
not limited to, medical, dental,
health, school or educational
records, and both parties shall
participate in all school activities
relating to said children. Both
Parents shall have the right
to participate in non-school
activities with said children.
Each of the parties shall keep
the other informed of the special
activities involving the children.
- Each of the parties agree
to keep the other party currently
advised of the other's residence
and business address, telephone
numbers and the whereabouts
on vacations of said children.
- Each party shall be entitled
to speak to the children by
telephone at reasonable
times and intervals when the
children are physically with,
or subject to the control of,
the other party.
- Each party will specifically
recognize that their respective
powers and responsibilities
of joint legal custody will
not be exercised for the purposes
of frustrating, denying, or
controlling in any manner the
social development of the other
Parent. The Parents shall exert
their best efforts to work cooperatively
in future plans of the children,
consistent with the BEST INTERESTS
of said children, and amicably
resolving disputes as they may
arise.
- In the event that either party
remarries, that party's spouse
shall be apprised of this agreement
and said party shall exert every
reasonable effort to ensure
that his or her spouse honors
and respects the terms of this
agreement. Further, each party
agrees that they shall be responsible
for the actions of any subsequent
spouse as those affect the parties'
children.
RESOLVING DISPUTES
All parties agree that the costs of
mediation/arbitration SHALL be allocated
between the parties as determined by
the arbitrator.
The dispute resolution process shall
be commenced by notifying the other
party by written request.
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 Court.
- Reasonable attorney's fees SHALL
be assessed against an appealing
party who does not substantially
better his/her position in the Appeal
process.
Petitioners' signature
Date: ________________________________
Respondent's signature
Date: ________________________________
Subscribed and sworn to before me on
_____________, 20____
Judge:__________________________________
WHEREFORE the parties, by counsel, move
the Court to approve this Fixed Custody
and Permanent Parenting Plan as an Order
of this Court, and for all other just
and proper relief in the premises.
____________________________________
__________________________________
(Petitioner's Attorney's name)
(Reespondent's Attorney's name) |