FIRST JUDICIAL DISTRICT COURT STATE OF NEW MEXICO COUNTY OF ______________________________ _______ ________________________________ Petitioner, vs. Case Number: _____________________ ________________________________________ Respondent. PARENTING PLAN 1. Legal Custody We agree to share joint legal custody of our children; that is, neither of us will make a major change affecting our children in the areas of religion, residence, non-emergency medical care, education or major recreational activities without the agreement of the other parent. Before such a decision is made, we will discuss the matter and both of us must agree. If we cannot agree, our disagreement will be resolved by the methods we have chosen and set out in this Parenting Plan. 2. Time-Sharing We will share time with the children as follows: Weekdays:________________________________________________________ _________________________________________________________________ _________________________________________________________________. Weekends: Weekends begin at ______ o'clock (Friday) (Saturday) [Choose 1] and end at ______ o'clock (Sunday) (Monday), unless Monday is a legal holiday, in which case the weekend ends at ______ o'clock (Monday) (Tuesday). (Optional): We have attached a calendar for the year _____ to this plan, and have marked in red the days the children will spend with mother and in blue the days the Share/Divorce, Contested, w, complex / pg.2, Overview CWC 8.12.08 37 American LegalNet, Inc. www.FormsWorkFlow.com children will spend with father. Days for this calendar begin at _____ o'clock and end at _____ o'clock. Vacations: Each parent will have uninterrupted time with the children for ______ weeks each summer if that parent gives the other at least _____ days notice. (Option for young children): Until the youngest child reaches age _____, uninterrupted vacation time with parent is limited to ____ weeks. Between the ages of ____ and ____, that time will be ___ weeks. Between the ages of ____ and ____, that time will be ____ weeks. After reaching age ____ , vacation time will be ____ weeks. Holidays: Regardless of the day of the week, the children will spend: (a) Mother's Day and mother's birthday with mother; (b) Father's Day and father's birthday with father; (c) Children's birthdays with _______________ in even-numbered years and with __________________ in odd-numbered years. Children will spend their time on holidays as follows: Even-numbered yrs Odd-numbered yrs Easter _______________ _______________ Thanksgiving _______________ _______________ Christmas _______________ _______________ __________________ _______________ _______________ __________________ _______________ _______________ Telephone: We agree that the children have a right to place phone calls to and receive phone calls from the absent parent. Changes: Each of us is free to ask for exceptions to this schedule, but we understand that the other parent can say "no", and we will not argue about it. Share/Divorce, Contested, w, complex / pg.2, Overview CWC 8.12.08 38 American LegalNet, Inc. www.FormsWorkFlow.com Transportation: We will divide the responsibility for getting the children to and from each other's house, day care, school, etc., as follows: __________________________________________________________________ __________________________________________________________________. 3. Trial Period or Permanent Plan: (Check one) A. [ ] We have not tried this time-sharing schedule before, so we agree that we will review the time-sharing plan in ___ days and at that time we will make any changes we agree on. If we cannot agree on changes, we will resolve our dispute using the method set forth in paragraph 6 below. If we litigate, a "Material Change in Circumstances" will not have to be proved in order to change the schedule. B. [ ] We have already tried this time-sharing schedule, so we intend it to be permanent. We recognize, however, that as our children grow and our lives change, it may be necessary to change the schedule from time to time. We agree that this is a major change that we have to discuss and agree on, and if necessary follow the dispute resolution procedures set out in paragraph 6 below. 4. The Status Quo -- What we have now: (a) Religion __________________________________ (b) Doctor __________________________________ (c) Dentist __________________________________ (d) Other medical __________________________________ (e) School __________________________________ (f) Recreation __________________________________ We agree that neither of us will remove, cause to be removed, or permit removal of the children from the State of New Mexico, except for temporary visits which do not interfere with the time-sharing schedule, without the written consent of the other parent or resolution of the Share/Divorce, Contested, w, complex / pg.2, Overview CWC 8.12.08 39 American LegalNet, Inc. www.FormsWorkFlow.com dispute by the method set forth in paragraph 6 below. 5. Emergencies In case of a medical emergency, if time allows, the parent with that period of responsibility will contact the other parent concerning treatment of the child. If the absent parent cannot be reached, any decision for emergency medical treatment will be made in the best interest of the child by the available parent. 6. Dispute Resolution We will discuss all major changes in the children's lives in order to try to reach agreement. If we cannot agree, after discussion, we will: [ ] Participate in family counseling to try to reach agreement. [ ] Participate in conciliation or mediation to try to reach agreement. [ ] Submit the matter to __________________ for binding arbitration. [ ] Allocate ultimate responsibility to _______________ for decisions. [ ] submit the matter to the District Court, which may refer the matter to a special master, or who may terminate joint custody, among other resolutions. [NOTE: If more than one method of dispute resolution is desired, number the choices in order (#1 for the first method to be used, #2 for the second method, etc.)]. 7. General Matters In order to foster a continuing relationship between our children and both of their parents, we both agree: (a) to be actively involved in the major decisions and legal responsibilities of our children. (b) to communicate and be flexible about the needs of our children, especially as those needs change due to growth and development. (c) to be supportive of and positive about the children's relationship with the other parent. Each of us will give loving permission to the children to enjoy the relationship with the other parent and neither of us will interfere with the parent-child relationship of the other. Share/Divorce, Contested, w, complex / pg.2, Overview CWC 8.12.08 40 American LegalNet, Inc. www.FormsWorkFlow.com (d) neither of us will align the children against the other parent or the other parent's family. (e) We agree that each of us is responsible to keep the other parent informed of the children's school functions, parent-teacher conferences and recreational activities. I Agree: I Agree: ________________________________ Mother=s Signature ___________________________________ Father=s Signature SUBSCRIBED and SWORN TO before me on this date:______________ SUBSCRIBED and SWORN TO before me on this date: My Commission Expires:___________________ My Commission Expires:___________________ ________________________________ NOTARY PUBLIC _________________________________ NOTARY PUBLIC APPROVED: Date: __________________ ____________________________________ District Court Judge Share/Divorce, Contested, w, complex / pg.2, Overview CWC 8.12.08 41 American LegalNet, Inc. www.FormsWorkFlow.com