EXAMPLE - Parenting Plan of Josephine and Napoleon Bonaparte I. Acknowledgement We, Josephine Bonaparte and Napoleon Bonaparte, are the parents of Louis Leon Bonaparte, born to us in 1994, and Desiree Marie Bonaparte, born to us in 1998. We intend to use this parenting plan to restructure our family while providing for best interests of our children .We each respect the other’s abilities as a parent. We each recognize the other’s importance in our children’s lives. We trust each other’s judgment concerning Louis and Desiree. We each value the contribution the other makes to our children’s happiness. Through this parenting plan we intend to insure that our children continue to have the full benefit of our parenting and access to both parents. We both believe this plan to be safe and appropriate for our children and ourselves. II. Family History We married on June 9, 1992, in Waterloo, Nebraska. We separated on May 1, 2005. Since that time we have lived apart. We agree that our marriage is irretrievably broken. III. Decision-Making Major Decisions We agree to continue making all important decisions about our children through discussion and mutual agreement. To ensure our continuing ability to do so, we agree to: • Inform each other as soon as possible about any emergency situation affecting Louis and Desiree; and • Maintain open communication about all matters affecting our children. School We acknowledge that each of us has the right to access school records and information about day care and school activities. Medical We acknowledge that each of us has the right to access to medical and dental records. Each of us has the right to make emergency decisions affecting the health or safety of Louis and Desiree during our parenting time. Day-to-Day We agree that each of us will make the day-to-day decisions about Louis and Desiree during our parenting time. Role of Other Persons We agree that it is the right and responsibility of each of us to make decisions on behalf of our children. If in the future either of us marries or otherwise forms a serious relationship, we will continue to make all major and day-to-day decisions about our children ourselves. Custody Because we are committed to making the important decisions about our children jointly, we are asking the court to award us joint legal custody of Louis and Desiree. IV. Residence We agree that Louis and Desiree will have their primary residence with their mother, Josephine. If either of us changes his/her address, s/he will notify the other. V. Time-Sharing & Transition Regular Parenting Time-Sharing Schedule • The children will be in their father’s care on alternating weekends from Friday afternoon at 5:00 until Monday morning at 8:30. Napoleon will pick the children up at their after school program on Friday and take them to school on Monday morning. • The children will have dinner with their father every Wednesday night. Napoleon will pick the children up at their after school program at 5:00 and take them to mother’s home at 8:30 pm. • When the children are not in Napoleon’s care, they will be in Josephine’s care. • When the children are not in school on days when their parents are both working, Desiree and Louis will go to the home of their paternal grandparents, Carlo and Letizia Bonaparte. Summer Parenting Time Schedule During the children’s summer break from school, they will continue the same basic pattern of alternating weekends and Wednesday dinners with their father EXCEPT: • Instead of school, the children will spend their days from 8:30 am to 5:00 pm at the home of their paternal grandparents, Carlo and Letizia Bonaparte. • The children may spend up to two continuous weeks with each parent to allow for out of town travel. o We each agree to give the other parent four weeks notice if we plan to exercise this option. o We will not exercise this option if it disrupts the children’s summers activities to which we have already consented; o We will use this option only for out of town travel. • If Louis, Desiree, or either of us wants the children to participate in an on-going activity such as athletic teams, summer camps, or summer school: o We agree that we will discuss the matter with the other parent as soon as reasonably possible; o We will inform the other parent of the time commitment involved in the activity; o We will jointly make the decision to allow the children to participate based on: The benefit to the children; The desire of the children to participate; How much the activity will impact expected parenting time. The cost which will be allocated between us in the same proportion as child support. Accommodation for Child’s Schedules We recognize that as our children grow older they will have increasing personal commitments and preferences. We agree to make all reasonable efforts to accommodate our children’s work, school, activity, and social schedules. Holidays and Special Days We have agreed the children will celebrate holidays and other special days as follows: • • • • • • • • In even numbered years, the children will spend with Napoleon: o Thanksgiving, from 5:00 pm on the Wednesday before Thanksgiving until they go to school on Monday. o Memorial Day, from 5:00 pm on the Friday before Memorial Day until they go to school on Tuesday morning. In odd numbered years, the children will spend with Josephine: o Thanksgiving, from 5:00 pm on the Wednesday before Thanksgiving until they go to school on Monday. o Memorial Day, from 5:00 pm on the Friday before Memorial Day until they go to school on Tuesday morning. In even numbered years, the children will spend with Josephine: o Christmas, from noon pm on December 24 until 9:00 pm on December 25. o Labor Day, from 5:00 pm on the Friday before Labor Day until they go to school on Tuesday morning. In odd numbered years, the children will spend with Napoleon: o Christmas, from noon pm on December 24 until 9:00 pm on December 25. o Labor Day, from 5:00 pm on the Friday before Labor Day until they go to school on Tuesday morning. The children will spend every Independence Day from 10:00 am on July 4 until 5:00 pm on July 5 with Napoleon. The children will spend the entire weekend every Mother’s Day with Josephine. The children will spend the entire weekend every Father’s Day with Napoleon. GENERAL PROVISIONS FOR HOLIDAYS: o Unless otherwise defined, “weekend” means from 5:00 pm on Friday until 8:30 am the following Monday. o The parent with whom the children are spending the holiday will provide all transportation of the children, if transportation is needed. o Since Josephine has maintained a warm and close relationship with Napoleon’s parents, she is free to join the Bonapartes at any holiday celebrations held at their home. We have considered other holidays and special days, including birthdays, and agree that we do not want to make specific arrangements for them. On those days the children will remain where they are as part of the regular or summer parenting time schedule. Special Events We agree to accommodate each other in making the child available when needed for special family events such as weddings, funerals, or reunions. We agree to make the other parent aware of these events as soon as reasonably possible. Effect of Holidays If the holiday schedule results in the children being with a parent other than the one designated by the regular or summer parenting time schedule, the children will spend the following weekend with the parent at whose home they did not spend the holiday. The alternating pattern will go on from that point. Changes in Circumstances If changes in circumstances create the need to adjust the division of parenting time, we agree to make that adjustment in order to meet our child’s best interest. We agree to make decisions concerning parenting time through discussion and mutual agreement. Parental Communication During our marriage and since we have separated we have been able to discuss issues concerning our children in a civil manner. We do not expect that to change. We will continue to communicate with each other about our children in person, by phone, or by e-mail as needed. If we find in the future that our communication is not productive or beneficial to our children, we agree to mediate a specific communication protocol. VI. Extended Family Since events in the lives of our extended families have an effect on Louis and Desiree, we agree to notify each other about changes such as births, deaths, relocation, or significant health issues occurring within our respective families. We both agree that our child benefit from contact with our extended families. We have advised all our extended family of the importance of speaking and behaving respectfully of both parents. We are confident our families will observe our wishes in this regard. We both agree that our children will have limited access to Aunt Pauline and that they will not be alone with her. VII. General Considerations We agree that we will both insure our children's regular and continuous school attendance and progress. We, Josephine and Napoleon Bonaparte, mutually respect each other as parents and as individuals. We agree to refer to each other and treat each other in a respectful manner in our child’s presence. Each of us is the other’s first choice for caregiver if we are not available for our usual parenting time for more than twelve hours. If either of us travels overnight or out of state with Louis and Desiree, we agree to: a. Inform the other parent 24 hours before the trip if it does not impact the usual pattern of parenting time; b. Inform the other parent four weeks before the trip if it is the summer vacation option for travel; c. Inform the other parent of the planned destination(s) and duration of the trip; d. Provide the other parent with contact information. Each of us has unrestricted phone contact with Louis and Desiree when they are with the other parent. VIII. Contact Information Our current contact information is: Josephine Bonaparte 123 Martinique Road, St Helena, Nebraska 65432 Cell:308-390-1234; work 308-385-4567. Employed by Imperial Gowns, St Helena, Nebraska. • Napoleon Bonaparte 321 Elba Avenue, St Helena, Nebraska 65432 Cell: 308-380-9876; work: 308-384-1478 Employed by Rosetta Stone Quarry. St. Helena, Nebraska We agree to inform each other immediately of any changes in this information. X Remediation We recognize that it is possible that, at some point in the future, we might be unable to reach agreement on changes in the parenting plan or its implementation. If this happens, we agree to remediate those issues before taking legal action. XI Attorney Review We both acknowledge that this parenting plan accurately reflects our agreements reached in January of 2008, about how we will parent our child in the future. We have been advised by the mediators to have attorneys review this parenting plan. We recognize that such review could result in one or both of us wanting to make changes in the parenting plan. If either of us wants to change this parenting plan, we agree to do so through discussion or, if necessary, further mediation. __________________________ Josephine Bonaparte ___________________________ Napoleon Bonaparte Date:_________________ Date:_________________ Sample Pro Se Parenting Plan Because the Mother and Father wish to have this Parenting Plan approved by the Court in the case of ________________________ vs. _______________________, (plaintiff’s full name) (defendant’s full name) Case No. ______________________, filed in the District Court of _________________ (case number assigned by Clerk of Court) (county where Complaint filed) County, Nebraska, the Mother and Father mutually agree as follows: 1. The best interests of the parents’ minor child(ren) will be maintained through the ongoing involvement of both the Mother and the Father with the child(ren). 2. The best interests of the parents’ minor child(ren) also will be maintained by ensuring regular and continuous school attendance and progress for school-age child(ren) of the parties. 3. The Mother and Father agree that each parent is a fit and proper person to be involved in the parenting of the child(ren). 4. The Mother and Father will remain active and involved in parenting the child(ren). 5. The main reason for this Plan is to establish custody, parenting time, visitation, and other access arrangements, to determine parenting time to be spent with the Mother and Father, and to decide how to deal with any future disagreements between the Mother and Father about this Plan. 6. The Mother and Father understand that the needs of the child(ren) may change as the child(ren) get(s) older and they will interpret and apply this Plan in a way that best serves any changing needs of the child(ren). 7. The ________________ (custodial parent) shall have legal custody of the (mother or father) child(ren) and, as such, shall have the legal responsibility and authority to make final decisions concerning the parenting functions necessary to raising the child(ren). 8. The principal place of residence (physical custody) of the child(ren) shall be with the ________________, (custodial parent) subject to the terms of (mother or father) this Plan. 9. The noncustodial parent shall have parenting time with the child(ren) as follows: A. Weekends: Every other weekend from ________________ Friday to (beginning time) ________________ Sunday, beginning __________________________. (ending time) B. (month, day, and year that weekend parenting time is to begin) Weekdays: On ________________ each week from ________________ (day of the week) (beginning time) to ________________. (ending time) C. Holidays: 1. In odd-numbered years, holiday parenting time with the child(ren) for the following holidays: Easter, Fourth of July, Thanksgiving, and New Year’s Day. 2. In even-numbered years, holiday parenting time with the child(ren) for the following holidays: Memorial Day Weekend, Labor Day Weekend, Christmas, and the child(ren)’s birthdays. Holidays shall be defined as follows: (a) Easter: This holiday shall include that period of time during which the child(ren) is/are excused from school before the Easter holiday, including Easter Sunday, and shall begin at ________________ on (beginning time) the day the child(ren) Is/are released from school and end at ________________ on the day before the child(ren) return(s) to (ending time) school. (b) Memorial Day Weekend: This holiday shall include only that weekend when Memorial Day is nationally recognized and shall begin at ________________ on Friday and end at (beginning time) ________________ on Monday, Memorial Day. (ending time) (c) Fourth of July: This holiday shall begin on July 4th at _______________ and end on July 5th at ________________. (beginning time) (d) (ending time) Labor Day Weekend: This holiday shall include only that weekend on which Labor Day is nationally recognized and shall begin at ________________ on Friday and end at ________________ on (beginning time) (ending time) Monday, Labor Day. (e) Thanksgiving: This holiday shall be defined as that period of time during which the child(ren) is/are excused from school for the Thanksgiving holiday, including Thanksgiving Day, and shall begin at ________________ on the day the child(ren) is/are released (beginning time) from school and end at ________________ on the day before the (ending time) child(ren) return(s) to school. (f) Christmas: This holiday period shall be defined as that time during which the child(ren) is/are excused from school for the Christmas holiday and shall begin at ________________on the day the (beginning time) child(ren) is/are released from school and end at ______________ (ending time) on December 27. (g) New Year’s Day: This holiday period shall begin at ________________ on December 27 and end at (beginning time) _______________ on the day before school is to begin. (ending time) (h) The child(ren)’s birthdays: This shall be the actual birthday(s) of the child(ren), and shall begin at ________________ and shall end (beginning time) at ________________. (ending time) 10. Father’s/Mother’s Day: Every year the Father shall have the child(ren) on Father’s Day and the Mother shall have the child(ren) on Mother’s Day. This holiday shall begin at ________________ and end at (beginning time) ________________ on the Sunday on which this holiday is nationally (ending time) observed. 11. Parents’ birthdays: Every year the Father shall have the child(ren) on his birthday and the Mother shall have the child(ren) on her birthday. This parenting time shall begin at ________________ and end at (beginning time) ________________ on the birthday. (ending time) 12. Summer: The noncustodial parent shall have, beginning the summer of ________________, ________________ continuous weeks during the (beginning year) (number of weeks) child(ren)’s school summer vacation. During this period of time, the custodial parent is entitled to the same parenting time the noncustodial parent would have if the child(ren) was/were with the noncustodial parent; provided, however, that each parent is to have a period of at least ten (10) continuous days during the summer that will be uninterrupted by parenting time with the other parent. The noncustodial parent is to notify the custodial parent, in writing, not later than May 1 of each calendar year of the dates he/she will exercise his/her summer parenting time and must (circle one) (circle one) also provide the general location and schedule of where the parenting time will take place. 13. Telephone: The noncustodial parent shall have telephone parenting time with the child(ren) on ________________ each week, between (day of the week) ________________ and ________________ for not less than (beginning time) (ending time) ________________ minutes. (number of minutes) 14. Transition Plan: The noncustodial parent shall pick up the child(ren) from the custodial parent at the beginning of each parenting time period and return the child(ren) to the custodial parent at the end of each parenting time period. 15. Miscellaneous Provisions: A. Holidays Take Priority: Holiday parenting time takes priority over the regular weekend parenting time schedule. The regular weekend parenting time schedule shall begin again on the weekend following the holiday schedule and continue after that as provided in this Plan. As an example, suppose the noncustodial parent’s regular weekend parenting time with the child(ren) falls during the Easter holiday in a year when the child(ren) is/are with the custodial parent for Easter. Because Easter is a holiday, it takes priority. Beginning the first weekend following the holiday, regular alternating weekend visitation begins again with the noncustodial parent having the first weekend following the holiday. B. Temporary Changes. The parents can temporarily change the terms of this Plan as long as they both agree to it. C. Finality. The Mother and Father each have ten (10) calendar days from the date this Plan is signed in which to decide not to go forward with this Plan. If the Mother or Father decides, during such ten-day period, not to go forward with this Plan, she or he shall notify the other parent or, if the other parent has a lawyer, the other parent’s lawyer, in writing during this ten-day period. If neither parent gives notice to the other (or to the other’s lawyer) during the ten-day period, then this Plan becomes final and enforceable as between the parents. D. Being on Time. Both parents understand that they have the responsibility to be on time. If either parent will be late for some reason, or will be unable to either visit with the child(ren) on time or provide visitation with the child(ren) on time, such parent shall notify the other parent as soon as possible of the delay. Both parents understand that fifteen (15) minutes is a reasonable time for a parent to wait in order to pick up or return the child(ren). E. Scheduling Activities. One parent may not plan or schedule activities during the parenting time of the other parent without reasonable notice to and consent of the other parent. F. Child(ren)’s Events. Both parents shall inform each other, reasonably in advance, of all events where a parent may participate in the child(ren)’s activities or events (i.e., school plays, athletic events, teacher conferences, music recitals, and the like). Notice shall be provided in such a way that the other parent has the maximum opportunity to attend that activity or event. G. Permanent Changes. This Plan may be changed by mutual, written agreement of the parents. Both parents understand that any permanent changes must be approved by the Court to be binding and enforceable. PARENTING RESPONSIBILITIES AND COOPERATION The parent with legal and physical custody of the child(ren), (custodial parent) shall have the final say in the choices regarding the child(ren)’s education, religious upbringing and medical needs. Recognizing, however that it is important that both parents participate and cooperate with each other to bring up the child(ren) in a loving, stable environment, the custodial parent shall, in an effort to encourage this environment, notify the noncustodial parent at a meaningful time in advance of any decision regarding enrollment in school, the beginning of participation in religious activities, and the beginning of health care involving the child(ren) in order to learn the noncustodial parent’s wishes in these matters. The parents shall freely discuss these three areas with one another in an effort to reach an agreement on these issues. In the event the parents cannot agree, the custodial parent shall have the final voice in these matters. The child(ren)’s best interests require the utmost cooperation between the parents. To this end, neither parent shall talk badly about or in any way be negative about the other parent in front of the child(ren) or in any activity or communication involving the child(ren). Neither parent will ask about the other’s personal affairs through the child(ren). Each parent shall cooperate with the other, to the fullest extent necessary, in order to encourage a safe, secure, and loving environment for the child(ren). The names of both parents shall appear on all school, governmental, law enforcement, medical and health-related records, and both parents shall be provided access to all teachers, government officials and doctors. REMEDIATION PROCESS REGARDING FUTURE MODIFICATIONS TO THIS PARENTING PLAN In the event one or both of the parties wish to change the terms of this Plan in the future and the parties are unable to agree on the terms of such change, the parties shall attempt to mediate their disagreements by talking to a third person or persons who may be able to help the parties come to an agreement. This third person or persons need not be formally trained in mediation, although the parties are encouraged to talk to a trained mediator if possible. NOTIFICATION REQUIREMENTS IN THE EVENT OF CHANGE OF ONE OF THE PARENT’S RESIDENCE In the event one of the parents plans to change his/her residence, that parent shall notify the other parent of such change of residence. If one of the parents is living or moving to an undisclosed location because of safety concerns, the address or return address shall only include the county and state. _________________________ Signature of Mother __________________________ Signature of Father Date: ____________________ Date: _____________________
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