Fillable WHEREAS the parties: (Check all that apply)

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WHEREAS the parties: (Check all that apply)

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State of ______________
PARENTING PLAN
This Parenting Plan (this “Agreement”) is made and entered into as of this ______ day of
_______________, 20______, (the “Effective Date”) by and between:
First Parent: ________________________ [Name], residing at ________________________________
_______________________ [Address] (“First Parent”) and
Second Parent: ________________________ [Name], residing at ______________________________
_______________________ [Address] (“Second Parent”).
WHEREAS the parties: (Check all that apply)
☐ Have minor children. The parents are parents or legal guardians of the following minor child(ren):
• ________________________ [Name], born __________________________ [Date]; and
• ________________________ [Name], born __________________________ [Date]; and
• ________________________ [Name], born __________________________ [Date]; and
• ________________________ [Name], born __________________________ [Date]; and
☐ Are expecting children. The parties are expecting __________ [Number] child(ren) to be born on
____________________, 20______,
the child(ren) hereinafter collectively referred to as the “minor child”; and
WHEREAS, it is the desire and intention of the parties that the care and custody of the minor
child(ren) to be finally fixed by this Agreement.
NOW THEREFORE, First Parent and Second Parent freely and fully accept the provisions, terms
and conditions hereof and in consideration of the promises and mutual covenants herein contained as
well as for other good and valuable considerations not herein specifically set forth, the parties do hereby
agree to the following:
1. Legal Custody of the Minor Child. (Check one)
☐ First Parent has legal custody. The parties agree that First Parent shall have sole legal custody of
the minor child and shall be free to make all decisions in all matters pertaining to the upbringing of the
minor child, including health, medical and dental care, education, religion, vacations, travel and welfare.
☐ Second Parent has legal custody. The parties agree that Second Parent shall have sole legal
custody of the minor child and shall be free to make all decisions in all matters pertaining to the
upbringing of the minor child, including health, medical and dental care, education, religion, vacations,
travel and welfare.
☐ Shared legal custody. The parties agree that it is in the best interests of the minor child that the
parties share parental responsibilities. Each party recognizes that the other has a right to and shall fully
participate in all important matters pertaining to the minor child's upbringing, including health, welfare and
education. With this in mind, the parties agree that they shall have shared legal custody of the minor child
and that all decisions regarding the health, medical and dental care, education, religion, vacations, travel,
welfare and other aspects of the upbringing of the minor child shall be made on a joint decision making
basis.
2. Physical Custody of the Minor Child. (Check one)
☐ First Parent has physical custody. The parties agree that First Parent shall have primary physical
custody of the minor child, subject to the visitation rights of Second Parent as set forth herein.
Visitation of the Minor Child (Check one)
☐ Notwithstanding anything contained herein, Second Parent shall be entitled to visitation with
the minor child. The parties' agreement as to visitation and time sharing of the minor child is more
fully set out on Exhibit A attached hereto.
☐
Second Parent shall NOT be entitled to visitation with the minor child.
Transportation Costs (Check one)
☐ First Parent shall pay for any transportation costs associated with all visitations.
☐ Second Parent shall pay for any transportation costs associated with all visitations.
☐ The parties will share any costs of transportation associated with all visitations equally.
☐ Not applicable.
☐ Second Parent has physical custody. The parties agree that Second Parent shall have primary
physical custody of the minor child, subject to the visitation rights of First Parent as set forth herein.
Visitation of the Minor Child (Check one)
☐ Notwithstanding anything contained herein, First Parent shall be entitled to visitation with the
minor child. The parties' agreement as to visitation and time sharing of the minor child is more
fully set out on Exhibit A attached hereto.
☐
First Parent shall NOT be entitled to visitation with the minor child.
Transportation Costs (Check one)
☐ First Parent shall pay for any transportation costs associated with all visitations.
☐ Second Parent shall pay for any transportation costs associated with all visitations.
☐ The parties will share any costs of transportation associated with all visitations equally.
☐ Not applicable.
☐ Shared physical custody. Subject to the terms and conditions set out below, the parties agree that
they shall share physical custody of the minor child.
Parenting Schedule (Check one)
☐ The parties’ agreement as to time sharing of the minor child is more fully set out in Exhibit A
attached hereto.
☐ Not applicable.
Relocation (Check one)
☐ Not applicable.
☐ First Parent shall not relocate from the current county of residence with the minor child for any reason
whatsoever without the expressed written consent of Second Parent or a court order.
☐ Second Parent shall not relocate from the current county of residence with the minor child for any
reason whatsoever without the expressed written consent of First Parent or a court order.
Tax Returns
The parties agree that (Check one) ☐ First Parent ☐ Second Parent will claim the minor child on his/her
federal, state and local tax returns.
3. Parental Rights and Responsibilities. (Check one)
☐ Not applicable.
☐ (Select if one party has shared legal custody of the child OR if visitation is allowed.)
The parties agree to the following with respect to each party’s care of the minor child: (Check all that
apply)
☐ In the event of an emergency, serious illness or accident or other circumstance seriously affecting
the minor child’s health and general welfare, the party who has physical possession or control of the
minor child at the time will immediately notify the other party of such circumstances. The party who is
notified shall have immediate access to the minor child and/or the right to telephonic communication
with the minor child.
☐ In the event of a medical emergency, and only in such event, each party acknowledges that
he/she has full confidence in the other's ability to make a unilateral decision for the minor child's
welfare which otherwise would be a joint decision of the parties.
☐ Both parties shall be entitled to participate with and attend special activities in which the minor
child is engaged, such as religious activities, school programs, sports events and other extracurricular
activities and programs and important social events in which the minor child is or may be engaged or
involved.
☐ Neither party shall, in any way, impede, obstruct nor interfere with the exercise by the other of
his/her right of companionship with the minor child and neither of them, at any time, shall in any
manner disparage or criticize the other party, nor allow any other to do so or in the presence of the
minor child. Each party further agrees that he/she will in no way attempt to create a non-harmonious
atmosphere for the minor child.
☐ Each party shall be entitled to complete and detailed information from all pediatricians, physicians,
dentists, consultants or specialists attending the minor child for any reason whatsoever and to be
furnished upon written request with copies of any reports given to other party. Each party shall be
entitled to complete and detailed information from all teachers, schools, summer camps or other
institutions which the child may attend or become associated with in any way.
☐ Other: ________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
4. Minor Child’s Medical Insurance. (Check one)
☐ First Parent shall maintain existing medical insurance for the minor child. Second Parent shall be
entitled to receive confirmation of the status of the insurance annually directly from the insurance carrier.
☐ Second Parent shall maintain existing medical insurance for the minor child. First Parent shall be
entitled to receive confirmation of the status of the insurance annually directly from the insurance carrier.
☐ The parties shall share equally the costs for maintaining existing medical insurance for the minor
child.
Any and all reasonable expenses not covered shall be (Check one) ☐ shared equally between the
parties ☐ paid by First Parent ☐ paid by Second Parent.
5. Minor Child’s Tuition Expenses. (Check one)
☐ Not applicable.
☐ In the event the parties mutually agree that it is in the best interests of the minor child to attend
private school, the parties agree that in the absence of written agreement to the contrary, (Check one)
☐ each party equally ☐ First Parent ☐ Second Parent shall be responsible for all reasonable
expenses of such private school. The parties agree ☐ to equally share ☐ First Parent will be
responsible for ☐ Second Parent will be responsible for the costs of tuition, reasonable room, board,
travel, and any reasonable agreed upon loans associated with the college education of the minor child.
This obligation shall continue until the child completes his/her undergraduate education at the college
selected and all debts have been paid in full, or the expiration of five (5) years, whichever first occurs.
6. Child Support. (Check one)
☐ Not applicable.
☐ The parties agree that First Parent shall pay to Second Parent the sum of $______________ per
month as and for child support. The child support shall be paid directly to Second Parent beginning
____________________, 20______ and shall be paid on the first day of each month thereafter.
☐ The parties agree that Second Parent shall pay to First Parent the sum of $______________ per
month as and for child support. The child support shall be paid directly to First Parent beginning
____________________, 20______ and shall be paid on the first day of each month thereafter.
State child support guidelines (Check one)
☐ The amount of child support has been determined in accordance with the applicable state child
support guidelines.
☐ Both parties acknowledge that they are fully informed of their rights under state law, and the amount
of child support was mutually agreed upon despite differing from the applicable state child support
guidelines. The parties agree that the agreed upon amount of child support is in the best interests of the
minor child.
The parties acknowledge that the child support arrangement shall not be legally binding until approved in
a court order.
7. Waiver of Payment Through Clerk. (Check one)
☐ Not applicable.
☐ Both parties waive participation in any applicable Central Depository Payment Program or the
payment of child support through any clerk of court, direct deposit program or other third party entity (the
“Central Depository”); and accordingly, payments need not be made through the Central Depository and
shall be made directly to the party entitled thereto. In the event of the tardiness of payments or other
difficulty experienced by the receiving party, either party may subsequently apply to the Central
Depository to activate participation and have child support payments directed through the Central
Depository in the event that it becomes necessary to secure or obtain payments made hereunder.
8. Bankruptcy. The rights, obligations and responsibilities provided in this Agreement shall not be
dischargeable in bankruptcy.
9. Legal Representations. Each party has had the opportunity to have independent counsel and legal
advice of his/her own selection in the negotiation of this Agreement. Each party fully understands the
facts and has been fully informed as to his/her legal rights and obligations.
10. Fees and Costs. Each party shall be solely responsible for his/her respective attorney’s fees and
costs incurred as a result of the negotiation of this Agreement. However, in the event that either party
shall retain or engage an attorney or attorneys to collect or enforce or protect his/her interest with respect
to this Agreement, the prevailing party shall be entitled to receive payment of all costs and expenses of
such collection, enforcement or protection, including reasonable attorneys' fees.
11. Free and Voluntary Execution. The parties hereto declare that they have fully read and fully
understand the provisions contained in this Agreement and believe this Agreement to be fair, just and
reasonable. Each party is signing this Agreement freely and voluntarily, without undue influence, fraud,
collusion or misrepresentation, and intend to be bound by it.
12. Further Assurances. Each party shall execute, acknowledge or deliver any instrument, paper or
document, furnish any information or take such other actions as reasonably may be necessary in
connection with the performance of the obligations set forth in this Agreement.
13. Modifications and Amendments. This Agreement may only be amended or modified or deemed
amended or modified by an agreement in writing duly signed by the parties or by any court of competent
jurisdiction.
14. No Waiver. Any non-written waiver by either party of any provision of this Agreement or any right or
option hereunder shall not be controlling, nor shall it prevent such party from thereafter enforcing such
provision, right or option. The failure of either party to insist in any one or more instances upon the strict
performance of any of the terms or provisions of this Agreement by the other party shall not be construed
as a waiver or relinquishment for the future of any such term or provision, but the same shall continue in
full force and effect.
15. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the
State of _________________.
16. Disputes. (Check one)
☐ Mediation first. The parties agree that in the event it shall become necessary to enforce this
Agreement or any term hereof, the parties shall first attempt to mediate the issue with a certified mediator
to be mutually agreeable to each. In the event that the parties are unable to mediate the issue, either
party shall thereafter be free to seek the enforcement of this Agreement in the applicable court of
competent jurisdiction.
☐ Seek legal action first. In the event it shall become necessary to enforce this Agreement or any term
hereof, either party shall be free to seek enforcement of this Agreement in the applicable court of
competent jurisdiction.
17. Attorney's Fees. (Check one)
☐ Not applicable.
☐ If either Party brings legal action to enforce its rights under this Agreement, the prevailing party will be
entitled to recover from the other Party its expenses (including reasonable attorneys’ fees) incurred in
connection with the action and any appeal.
18. Admissibility. This Agreement or a copy of the same may be introduced in evidence by either party
to this cause, and the court is requested to make the same a part of any final order or final judgment
entered in this cause. This Agreement will be construed as being jointly prepared and written by all
parties hereto.
19. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in whole
or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and
enforceable as though the invalid, illegal or unenforceable parts had not been included in this Agreement.
20. Mutual Release. Except as provided in this Agreement, each party releases the other from all claims,
demands due, debts, rights, or causes of action in contract, tort or otherwise up to the date of this
Agreement.
21. Headings. The section headings herein are for reference purposes only and shall not otherwise affect
the meaning, construction or interpretation of any provision of this Agreement.
22. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the
parties and their respective legal representatives, heirs, administrators, executors, successors and
permitted assigns.
23. Entire Agreement. This Agreement contains the entire understanding of the parties, who hereby
acknowledge that there have been and are no representations, warranties, covenants, or understandings
other than those expressly set forth herein.
24. Miscellaneous. ___________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
___________________________________________________________________________________
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective
Date.
First Parent Signature
Second Parent Signature
Second Parent Full Name
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Signed in the presence of:
First Witness
First Witness Signature
(date)
First Witness Name
First Witness Address
First Witness City, State and Zip Code
Second Witness
Second Witness Signature
(date)
Second Witness Name
Second Witness Address
Second Witness City, State and Zip Code
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NOTARY ACKNOWLEDGEMENT
State of _________________ )
) (Seal)
County of _________________ )
The foregoing instrument was acknowledged before me this ______ day of _______________,
20______, by the undersigned, ________________________, who is personally known to me or
satisfactorily proven to me to be the person whose name is subscribed to the within instrument.
_____________________________________
Signature
_____________________________________
Notary Public
My Commission Expires: ________________
State of _________________ )
) (Seal)
County of _________________ )
The foregoing instrument was acknowledged before me this ______ day of _______________,
20______, by the undersigned, ________________________, who is personally known to me or
satisfactorily proven to me to be the person whose name is subscribed to the within instrument.
_____________________________________
Signature
_____________________________________
Notary Public
My Commission Expires: ________________
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EXHIBIT A
VISITATION
(Use if only one parent has physical custody of minor child)
The parties have agreed to the following visitation schedule:
I. General: The word "minor child" also applies to all children of the parties.
II. Weekdays: (Check if applicable)
☐ First Parent ☐ Second Parent shall be entitled to unsupervised overnight weekday visitation with
the minor child every: (Check all that apply) ☐ Monday ☐ Tuesday ☐ Wednesday ☐ Thursday
☐ Friday, with the following
limitations_____________________________________________________________
___________________________________________________________________________ (Optional).
☐ First Parent ☐ Second Parent shall pick up the child at school and shall drop off the minor child at
school the next morning.
III. Weekends: (Check if applicable)
☐ First Parent ☐ Second Parent shall be entitled to: (Check one)
☐ Weekend visitations with the parties' minor child.
☐ Alternating weekend visitations with the parties' minor child.
☐ Other: ____________________________________________________________________
The weekend visitations shall be from ______:______ AM/PM on (Check one) ☐ Friday ☐ Saturday
☐ Sunday to ______:______ AM/PM on (Check one) ☐ Friday ☐ Saturday ☐ Sunday.
IV. Holidays: (Check if applicable)
First Parent/Second Parent shall exercise his/her holiday visitation periods with the minor child as
follows:
a. ☐ First Parent ☐ Second Parent shall have the minor child every year for the following
holidays:
☐ New Year's Day
☐ Martin Luther King Day
☐ President's Day
☐ Spring Break
☐ Easter
☐ Mother's Day
☐ Memorial Day
☐ Father's Day
☐ Summer Break
☐ Fourth of July
☐ Labor Day
☐ Columbus Day
☐ Veteran's Day
☐ Thanksgiving
☐ Winter Break
☐ Christmas Eve
☐ Christmas Day
☐ New Year's Eve
☐ Child's Birthday
☐ Mother's Birthday
☐ Father's Birthday
☐ Other: __________________________
b. ☐ First Parent ☐ Second Parent shall have the minor child every ODD numbered year for the
following holidays:
☐ New Year's Day
☐ Martin Luther King Day
☐ President's Day
☐ Spring Break
☐ Easter
☐ Mother's Day
☐ Memorial Day
☐ Father's Day
☐ Summer Break
☐ Fourth of July
☐ Labor Day
☐ Columbus Day
☐ Veteran's Day
☐ Thanksgiving
☐ Winter Break
☐ Christmas Eve
☐ Christmas Day
☐ New Year's Eve
☐ Child's Birthday
☐ Mother's Birthday
☐ Father's Birthday
☐ Other: __________________________
c. ☐ First Parent ☐ Second Parent shall have the minor child every EVEN numbered year for the
following holidays:
☐ New Year's Day
☐ Martin Luther King Day
☐ President's Day
☐ Spring Break
☐ Easter
☐ Mother's Day
☐ Memorial Day
☐ Father's Day
☐ Summer Break
☐ Fourth of July
☐ Labor Day
☐ Columbus Day
☐ Veteran's Day
☐ Thanksgiving
☐ Winter Break
☐ Christmas Eve
☐ Christmas Day
☐ New Year's Eve
☐ Child's Birthday
☐ Mother's Birthday
☐ Father's Birthday
☐ Other: __________________________
d. Other visitation details: ____________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
The parties agree to mutually confer and agree as to the pick-up and drop-off times of the minor child’s
holiday visitations as agreed to above.
V. Miscellaneous: The parties agree to mutually confer and agree as to the times and dates of the child's
visitations with (Check one) ☐ First Parent ☐ Second Parent that is not specifically mentioned
herein.
VI. Right of First Refusal: (Check one)
☐ In the event First Parent is unable to care for the minor child during his/her scheduled visitation time
for a period of more than 8 hours, the parties agree that First Parent shall immediately notify and provide
the other party the "Right of First Refusal" to care for the minor child. Once First Parent is able to pick up
the minor child from the other party, he/she shall pick up the minor child and continue with the visitation
schedule as planned.
☐ In the event Second Parent is unable to care for the minor child during his/her scheduled visitation
time for a period of more than 8 hours, the parties agree that Second Parent shall immediately notify and
provide the other party the "Right of First Refusal" to care for the minor child. Once Second Parent is able
to pick up the minor child from the other party, he/she shall pick up the minor child and continue with the
visitation schedule as planned.
VII. Other: __________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
EXHIBIT A
PARENTING SCHEDULE
(Use if parents will share custody of the minor child)
The parties have agreed to the following schedule:
I. General: The word "minor child" also applies to all children of the parties.
II. Weekdays:
Fi
rst Parent shall have the minor child overnight on the following weekdays: (Check all that apply)
☐ Monday ☐ Tuesday ☐ Wednesday ☐ Thursday ☐ Friday, and First Parent shall pick
up
t
he minor child at school on the given days and shall drop off the minor child at school the next morning.
Second Parent shall have the minor child overnight on the following weekdays: (Check all that apply)
☐ Monday ☐ Tuesday ☐ Wednesday ☐ Thursday ☐ Friday, and Second Parent shall pick
up the minor child at school on the given days and shall drop off the minor child at school the next
morning.
Other weekday custody provisions: _______________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
III. Weekends: (Check one)
☐ Parents will share custody on the weekend. Firs
t Parent shall have the minor child on the
weekends from ______:______ AM/PM on (Check one) ☐ Friday ☐ Saturday ☐ Sunday to
______:______ AM/PM on (Check one) ☐ Friday ☐ Saturday ☐ Sunday. Second Parent shall
have the minor child on the weekends from ______:______ AM/PM on (Check one) ☐ Friday ☐ Saturday
☐
Sunday to ______:______ AM/PM on (Check one) ☐ Friday ☐ Saturday
☐ Sunday.
☐ Parents will have custody on alternating weekends. First Parent shall have the minor child on
alternating weekends from ______:______ AM/PM on (Check one) ☐ Friday ☐ Saturday
☐ Sunday
to ______:______ AM/PM on (Check one) ☐ Friday ☐ Saturday ☐ Sunday. Second
Parent shall have the minor child on alternating weekends from ______:______ AM/PM on (Check one)
☐ F
riday ☐ Saturday ☐ Sunday.
IV. Holidays: The parties shall have the minor child on holidays according to the following schedule:
a.
First Parent shall have the minor child every year for the following holidays:
☐ New Year's Day
☐ Martin Luther King Day
☐ President's Day
☐ Spring Break
☐ Easter
☐ Mother's Day
☐ Memorial Day
☐ Father's Day
☐ Summer Break
☐ Fourth of July
☐ Labor Day
☐ Columbus Day
☐ Veteran's Day
☐ Thanksgiving
☐ Winter Break
☐ Christmas Eve
☐ Christmas Day
☐ New Year's Eve
☐ Child's Birthday
☐ Mother's Birthday
☐ Father's Birthday
☐ Other: __________________________
b. Second Parent shall have the minor child every year for the following holidays:
☐ New Year's Day
☐ Martin Luther King Day
☐ President's Day
☐ Spring Break
☐ Easter
☐ Mother's Day
☐ Memorial Day
☐ Father's Day
☐ Summer Break
☐ Fourth of July
☐ Labor Day
☐ Columbus Day
☐ Veteran's Day
☐ Thanksgiving
☐ Winter Break
☐ Christmas Eve
☐ Christmas Day
☐ New Year's Eve
☐ Child's Birthday
☐ Mother's Birthday
☐ Father's Birthday
☐ Other: __________________________
c. First Parent shall have the minor child every ODD numbered year, and Second Parent shall have
the minor child every EVEN numbered year for the following holidays:
☐ New Year's Day
☐ Martin Luther King Day
☐ President's Day
☐ Spring Break
☐ Easter
☐ Mother's Day
☐ Memorial Day
☐ Father's Day
☐ Summer Break
☐ Fourth of July
☐ Labor Day
☐ Columbus Day
☐ Veteran's Day
☐ Thanksgiving
☐ Winter Break
☐ Christmas Eve
☐ Christmas Day
☐ New Year's Eve
☐ Child's Birthday
☐ Mother's Birthday
☐ Father's Birthday
☐ Other: __________________________
d. First Parent shall have the minor child every EVEN numbered year, and Second Parent shall have
the minor child every ODD numbered year for the following holidays:
☐ New Year's Day
☐ Martin Luther King Day
☐ President's Day
☐ Spring Break
☐ Easter
☐ Mother's Day
☐ Memorial Day
☐ Father's Day
☐ Summer Break
☐ Fourth of July
☐ Labor Day
☐ Columbus Day
☐ Veteran's Day
☐ Thanksgiving
☐ Winter Break
☐ Christmas Eve
☐ Christmas Day
☐ New Year's Eve
☐ Child's Birthday
☐ Mother's Birthday
☐ Father's Birthday
☐ Other: __________________________
e. Other details: ____________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
The parties agree to mutually confer and agree as to the pick-up and drop-off times of the minor child’s
holiday schedules as agreed to above.
V. Miscellaneous: The parties agree to mutually confer and agree as to the times and dates of the child's
visitations with that is not specifically mentioned herein.
VI. Right of First Refusal: In the event either party is unable to care for the minor child during his/her
scheduled visitation time for a period of more than 8 hours, the parties agree that either party shall
immediately notify and provide the other party the "Right of First Refusal" to care for the minor child. Once
either party is able to pick up the minor child from the other party, he/she shall pick up the minor child and
continue with the visitation schedule as planned.
VII. Other: __________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
EXHIBIT B
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Completed 27 January 2021

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