EXAMPLE - Parenting Plan of Josephine and Napoleon Bonaparte

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: _____________________