Form CAFC502A – Parenting Plan Part A – Custody Mother: Case Information 1. Children’s Information Case Number Father: County Exhibit Number Part A of this parenting plan applies to ____________ child(ren). They are: 1. _______________________________ 4. _______________________________ 2. _______________________________ 5. _______________________________ 3. _______________________________ 6. _______________________________ 2. Designation of Parties Mother is the petitioner/plaintiff. Father is the respondent/defendant. Father is the petitioner/plaintiff. Mother is the respondent/defendant. 3. Access to Records Unless otherwise provided in this parenting plan, both parents are entitled to access to records and information pertaining to the children, including, but not limited to, full and complete medical, dental, health, child care and educational records. Each parent shall take whatever steps are necessary to ensure that the other parent has such access. 4. Children’s Activities Both parents must attempt to accommodate the social and academic commitments of the children during the time the children are with them. Each parent should attempt to refrain from scheduling activities that occur primarily when the children are with the other parent. If an activity will affect the other parent’s time with the children, the parent scheduling the activity shall obtain the affected parent’s permission before committing the children to the activity. 5. Issues not to be discussed in the Presence of Children Mother and Father shall each refrain from making negative, derogatory or degrading statements about the other parent in front of the children. Both parents shall exercise their best efforts to foster the respect, love and affection of the children toward the other parent. Mother and Father shall avoid discussing parenting issues, financial issues, and other topics related to these proceedings when the children are present. Mother and Father should prevent other persons from making negative, derogatory or degrading statements about the other parent in the presence of the children. 6. Communication Methods between Parents The children shall not be used as messengers. Communication between the parents concerning the children may be by any appropriate method EXCEPT the following: Check each box that is inappropriate in your case. In person Home telephone Work telephone Mobile telephone Letter via U.S. Postal Service Email Fax Other ________________________. 7. Telephone Contact with Children Each parent may contact the children in a reasonable manner when the children are with the other parent. Neither parent shall contact the children at the other parent’s residence later than ____________. (If this line is left blank, there are no restrictions as to time.) Each parent shall provide the other parent with the address of their residence and the telephone number at which the children may be contacted. Neither parent shall configure their telephone system in such a manner as to “block” or prevent the other parent from calling. If this telephone number is changed, the parent shall notify the other parent of the new telephone number within a reasonable time. When a parent travels to an overnight destination with the children, he or she must notify the other parent of the children’s destination. He or she must also provide a telephone number where the children can be reached. Parenting Plan Part A – Custody of the Children – Page 1 Form CAFC502A-8/29/2009 American LegalNet, Inc. www.FormsWorkFlow.com 8. Types of Decisions The three types of decisions that parents must make concerning their children are major decisions, daily or everyday decisions, and emergency decisions. Major Decisions - Major decisions are the significant decisions about the children. Major decisions are made by the parent or parents with legal custody. The following are examples of major decisions: the choice or change of schools, including college or special tutoring; choice or change of physician, surgeon or dentist; religious instruction, training or education; selection of child care providers; major medical care, surgery, or any medical procedure requiring hospitalization or out-patient surgery; major dental work and orthodontia; psychological or psychiatric treatment or counseling; the choice or change of camps or other special or extracurricular activities; the extent of any travel away from home; part or full-time employment; purchase or operation of a motor vehicle; contraception and sex education; actual or potential litigation on behalf of the children. Daily or Everyday Decisions - Daily or everyday decisions are routine decisions like minor medical treatment, bedtimes, homework, chores, selection of clothing and normal daily activities. Daily decisions shall be made by the parent having actual physical custody at the time of the decision. The parents shall cooperate in establishing mutually agreeable policies regarding such decisions in order that routine decisions remain as consistent as possible. Emergency Decisions - Emergency decisions are decisions of an urgent nature. They affect the health and safety of the children and have to be made before it is possible to contact the other parent. The parent who is with the minor child requiring emergency care may make the emergency decision. The parent making the emergency decision shall advise the other parent of the nature and extent of the emergency as soon as possible. 9. Legal Custody 10. Residential Schedules Mother and Father – Joint Legal Custody It is in the best interests of the children that Mother and Father have joint legal custody of the children. Major decisions shall be made by Mother and Father jointly. If Mother and Father disagree on a major decision they shall resolve their disagreement through the dispute resolution procedure set forth herein. Mother – Sole Legal Custody to Mother It is in the best interests of the children that Mother has sole legal custody of the children. Major decisions affecting the children shall be made by Mother. Mother and Father cannot share joint legal custody because: _____________________________________________________________________________ _____________________________________________________________________________ Father – Sole Legal Custody to Father It is in the best interests of the children that Father has sole legal custody of the children. Major decisions affecting the children shall be made by Father. Mother and Father cannot share joint legal custody because: _____________________________________________________________________________ _____________________________________________________________________________ Third Party – Sole Legal Custody to Third Party It is in the best interest of the children that _____________________ (hereinafter referred to as “Third Party”) has sole legal and sole physical custody of the children. Major decisions affecting the children shall be made by Third Party. Both parents are unfit, unsuitable, or unable to be a custodian of the children or the welfare of the children requires that neither parent have physical custody. Mother and Father shall have physical custody of the children as they agree. In the event they do not agree, then Mother and Father shall exchange the children as set forth in the attached residential schedules. Because the children need a continuing relationship with both parent, each parent shall consider reasonable changes when requested by the other parent or the children. If a significant change is made, either parent may reduce their agreement to writing. All changes are unenforceable unless in writing and signed by both parents. Parenting Plan Part A – Custody of the Children – Page 2 Form CAFC502A-8/29/2009 American LegalNet, Inc. www.FormsWorkFlow.com 12. Notification of Change from Residential Schedule In the event either parent cannot exercise the scheduled time with the children, he or she should tell the other parent as soon as possible, but not later than 24 hours before the start of the scheduled time with the children. If a parent anticipates that he or she may have to cancel at the last minute, he or she should advise the other parent of the possible last minute conflict. If a parent fails to notify the other as set forth above, he or she shall be responsible for the reasonable costs incurred by the other parent. 13. Transportation The parent who has the children takes the children to the exchange location. Each party will pay the expenses associated with his or her own transportation to and from the exchange location unless otherwise indicated in this parenting plan. 12. Location of Exchanges If a specific location for an exchange is not stated on the schedule, then the exchange shall occur at the following location: All exchanges shall occur at the children’s school or child care provider. If the children are not in attendance at school or day care, then the exchange shall occur at ____________________________________. All exchanges shall occur at the Mother’s Residence. All exchanges shall occur at the Father’s Residence. All exchanges shall occur at ____________________________________. 14. Physical Custody Joint Physical Custody Using Mother’s Address - It is in the best interest of the children that Mother and Father have joint physical custody of the children. The address of the children for mailing and educational purposes is the same as that of Mother. Joint Physical Custody Using Father’s Address – It is in the best interest of the children that Mother and Father have joint physical custody of the children. The address of the children for mailing and educational purposes is the same as that of Father. Sole Physical Custody to Mother and Visitation to Father – It is in the best interests of the children that Mother has sole physical custody of the children and that Father have visitation as set forth herein. Sole Physical Custody to Father and Visitation to Mother – It is in the best interests of the children that Father has sole physical custody of the children and that Mother have visitation as set forth herein. Sole Physical Custody to Mother and Supervised Visitation to Father – It is in the best interests of the children that Mother have sole physical custody of the children and Father have supervised visitation as set forth herein. Unsupervised visitation would endanger the children’s physical health or impair their emotional development because:____________________________________________________________________. Visitation will be supervised by __________________________________________________. Sole Physical Custody to Father and Supervised Visitation to Mother - It is in the best interests of the children that Father have sole physical custody of the children and Mother have supervised visitation as set forth herein. Unsupervised visitation would endanger the children’s physical health or impair their emotional development because: ___________________________________________________________________________. Visitation will be supervised by __________________________________________________. Sole Physical Custody to Mother and No Visitation to Father – It is in the best interests of the children that Mother has sole physical custody of the children and Father has no visitation with the children. Visitation would endanger the children’s physical health or impair their emotional development. Father shall not have access to records and information pertaining to the children pursuant to RSMo. §452.376.1. Sole Physical Custody to Father and No Visitation to Mother - It is in the best interests of the children that Father has sole physical custody of the children and Mother has no visitation with the children. Visitation would endanger the children’s physical health or impair their emotional development. Mother shall not have access to records and information pertaining to the children pursuant to RSMo. §452.376.1. Physical and Legal Custody to a Third Party – It is in the best interest of the children that _____________________ (hereinafter referred to as “Third Party”) has sole legal and sole physical custody of the children. Both parents are unfit, unsuitable, or unable to be a custodian of the children or the welfare of the children requires that neither parent have physical custody. Parenting Plan Part A – Custody of the Children – Page 3 Form CAFC502A-8/29/2009 American LegalNet, Inc. www.FormsWorkFlow.com 15. Relocation 16. Additional Provisions Pertaining to Custody of the Children RSMo. §452.377states: “Absent exigent circumstances as determined by a court with jurisdiction, you as a party to this action are ordered to notify, in writing by certified mail, return receipt requested, and at least sixty days prior to the proposed relocation, each party to this action of any proposed relocation of the principal residence of the child, including the following information: (1) The intended new residence, including the specific address and mailing address, if known, and if not known, the city; (2) The home telephone number of the new residence, if known; (3) The date of the intended move or proposed relocation; (4) A brief statement of the specific reasons for the proposed relocation of the child; and (5) A proposal for a revised schedule of custody or visitation with the child. Your obligation to provide this information to each party continues as long as you or any other party by virtue of this order is entitled to custody of a child covered by this order. Your failure to obey the order of this court regarding the proposed relocation may result in further litigation to enforce such order, including contempt of court. In addition, your failure to notify a party of a relocation of the child may be considered in a proceeding to modify custody or visitation with the child. Reasonable costs and attorney fees may be assessed against you if you fail to give the required notice.” ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 17. Dispute Resolution Procedure If the parties do not agree on the interpretation of this Parenting Plan, they shall submit the dispute to a mediator chosen by them for non-binding mediation. In the event they are not able to agree on a mediator they shall each select a mediator from the list of approved mediators maintained by the St. Louis County Family Court and the two mediators shall determine who shall mediate the case. The parents are to make a good faith effort to resolve their disagreement. In the event that the parents cannot resolve the dispute by mediation, they may submit the issue to the Court through appropriate proceedings. Additional dispute resolution procedures are as follows: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mother ____________________________ Father ____________________________ Attorney for Mother ____________________________ Guardian ad Litem ____________________________ Attorney For Father Parenting Plan Part A – Custody of the Children – Page 4 Form CAFC502A-8/29/2009 American LegalNet, Inc. www.FormsWorkFlow.com Residential Schedules 1. Weekend and Weekday Schedule Each exchange should be written on the Weekend and Weekday Exchange Schedule. A sample entry for one of the exchanges may be as follows: “5:30 p.m. Father receives children”. This means that at 5:30 p.m., Father will begin a period of time during which the children will be with him. The last person to receive custody on the Weekend and Weekday Schedule must be different than the first person to receive custody on the schedule because after each two week period, the cycle repeats itself. There is always an even number of exchanges for a two week period. ______________________________________________________________________________ ______________________________________________________________________________ “Week One” is defined as a week that has Sunday on one of the following dates: January February March April May June July August September October November December Week One Definition 1 1 1 1 7 4 2 1 1 8 5 3 2 2 2 9 8 5 3 2 2 9 6 4 3 3 3 10 9 6 4 3 10 10 7 5 4 4 4 11 10 7 5 4 11 11 8 6 5 12 12 12 11 8 6 5 12 12 9 7 6 13 13 13 12 9 7 13 13 13 10 8 7 14 14 14 13 10 8 14 14 14 11 9 15 15 15 15 21 18 16 15 15 22 19 17 16 16 16 23 22 19 17 16 16 23 20 18 17 17 17 24 23 20 18 17 24 24 21 19 18 18 18 25 24 21 19 18 25 25 22 20 19 26 26 26 25 22 20 19 26 26 23 21 20 27 27 27 26 23 21 27 27 27 24 22 21 28 28 28 27 24 22 28 28 28 25 23 29 29 29 29 30 31 30 31 30 29 29 31 30 30 31 30 29 29 29 31 30 30 31 29 29 29 30 30 30 31 “Week Two” is defined as a week that has Sunday on one of the following dates: January February March April May June July August September October November December Week Two Definition 2. Vacation Schedule 8 5 5 2 1 1 1 6 3 1 1 1 9 6 6 3 2 2 9 7 4 2 2 2 10 7 7 4 3 3 10 8 5 3 3 10 11 8 8 5 4 11 11 9 6 4 4 11 12 9 9 6 5 12 12 10 7 5 12 12 13 10 10 7 6 13 13 11 8 6 13 13 14 11 11 8 14 14 14 12 9 7 14 14 22 19 19 16 15 15 15 20 17 15 15 15 23 20 20 17 16 16 23 21 18 16 16 16 24 21 21 18 17 17 24 22 19 17 17 24 25 22 22 19 18 25 25 23 20 18 18 25 26 23 23 20 19 26 26 24 21 19 26 26 27 24 24 21 20 27 27 25 22 20 27 27 28 25 25 22 28 28 28 26 23 21 28 28 31 No specific weeks will be set aside for our vacations. Each parent may designate ______ week(s) each year during which they will have exclusive physical custody of the children and the regular or special exchange schedules do not apply. Father shall have first choice of weeks in odd-numbered years. Mother will have first choice of weeks in even-numbered years. The parent with the first choice of weeks must designate the vacation weeks by March 31 of each year. During this period, the holiday schedule still applies. Neither parent can select a week which would deny the other parent of a holiday to which they are entitled. ______________________________________________________________________________ ______________________________________________________________________________ 3. Holidays A different schedule can apply on holidays. The times each parent will have with the children during the holidays are set forth on the Holiday Exchange Schedule on page 3 of these Residential Schedules. Holidays and vacations do not alter the “Week One” or “Week Two” designation, but they do apply ahead of the regular schedule. If the holiday schedule conflicts with any other schedule, the holiday schedule takes precedence. ______________________________________________________________________________ ______________________________________________________________________________ Parenting Plan Part A – Residential Schedules – Page 1 Form CAFC502A-8/29/2009 American LegalNet, Inc. www.FormsWorkFlow.com Weekday and Weekend Exchange Schedule DAY OF WEEK EXCHANGES FOR DAY Sunday Monday WEEK ONE Tuesday Wednesday Thursday Friday Saturday Sunday Monday WEEK TWO Tuesday Wednesday Thursday Friday Saturday Exchanges should be set forth on this schedule. For example, if Father picks up the children at the default location set forth in paragraph 13 for the period of time the children will be with him on Friday, then you would enter “Father receives children at 5:00 p.m.” in the box next to the correct Friday. If the transfer occurs at a different location, you would enter “Father receives children at 5:00 p.m. at Mother’s residence”. There should always be an even number of exchanges on this schedule. Parenting Plan Part A – Residential Schedules – Page 2 Form CAFC502A-8/29/2009 American LegalNet, Inc. www.FormsWorkFlow.com Holiday Exchange Schedule Even Numbered Years Odd Numbered Years FATHER or MOTHER Holiday FATHER or MOTHER Physical Custody From To Time Time New Year’s Eve New Year’s Day King Day President’s Day Memorial Day Independence Day Labor Day Thanksgiving Christmas Eve Christmas Day Easter Other Holidays (specify) Special Occasions (specify) Halloween Mother’s Day Father’s Day Mother’s Birthday Father’s Birthday Child’s Birthday Parenting Plan Part A – Residential Schedules – Page 3 Form CAFC502A-8/29/2009 American LegalNet, Inc. www.FormsWorkFlow.com