Please review pp, input welcome

[Zephyr]

What is the name of your state?What is the name of your state? WI

Whyte noise, thank you for providing your co for others of us to use, I have taken alot of your ideas and used them in my plan for my daughter,

now just to catch everyone up, have 50/50 legal physical of daughter, we switch week to week, but other than the week to week swap our order does not address any other issues, dad and I have been getting along for a bit now so I thought I might as well strike while the iron is hot. the following is what I sent him for review and input, he and I will probably go back and forth a few times fine tuning and such.

I would appreciate input from you guys...and I did try to be a little sneaky about the issue of his mom- that woman is scary, so advice on those parts especially, I'm kind of hoping he just reads right by it, cause god forbid someone points out his mother as a loony-toon...



STIPULATED PARENTING PLAN PROPOSED BY PARTIES

A. Custody and Parenting Time

1. The parties shall have joint legal custody of the minor child, (child's name), and physical placement of the child shall be as previously ordered by the court. Joint legal custody, joint physical placement, alternating weeks.

2. Neither party shall move the residence of the child more than 30 miles without giving 60 days written notice by certified mail, return receipt requested to the other parent.

3. Children, whenever possible and appropriate, need to have frequent, continuing, and meaningful contact with both parents. Parents shall have the child for alternating weeks, exchange time 9:00 am Saturday mornings. If a parent should be unable to care for the child for more than 8 hours or overnight, they shall offer the other parent the opportunity to care for the child before all others. Parents may request and work out between themselves allowing extra time to each other so the child may attend special events. Requests should be made 14 in advance.

4. Exchanges: Regular visitation exchanges shall occur at the residence of the parent with the child in their possession. Each parent shall have the right to designate their spouse, immediate family members, or other licensed driver known to the child to provide transportation for the children, and, in the absence of the Parent, with the exception of the paternal grandmother, to supervise the child and make minor day-to-day decisions regarding the care and discipline of the children. Mother and Father shall pay their own transportation costs including but not limited to: gas, lodging, and food. Neither parent is required to reimburse the other parent for expenses incurred, unless one parent does not show up for the exchange, thereby putting an unnecessary financial burden on the parent who complied with the provisions herein. If such occasion arises, then the parent that was unduly burdened may file to receive reimbursement of their monies expended.

5. Holiday Schedule: Both parents recognize the child’s need to have the other involved at important times; the following holiday schedule may be altered to accommodate agreements in writing by the parents. However, if no agreement can be reached this guideline must be followed.

Summer Visitation: Parents may each have one consecutive 2 week period of time with the child with 30 days written notice submitted to the other parent for approval of dates. With the exception of the two week visit, the normal placement arrangement will be followed.

Christmas Vacation: In even numbered years, the Father shall have parenting time with the child from 6:00 pm on the day school recesses until 6:00 pm December 28th. In odd numbered years, the mother shall have parenting time with the child from 6:00 pm on the day school recesses until 6:00 December 28th. The parties, may adjust this schedule when needed by agreement, if they cannot agree, this provision stands.

Thanksgiving Vacation: In odd numbered years, the Father shall have parenting time 9:00 am on Thanksgiving Day, until 9:00 am the following day. In odd numbered years, the Mother shall have parenting time from 9:00 am on Thanksgiving Day, until 9:00 am the following day. The parties, may by agreement adjust this schedule when needed by agreement, if they cannot agree, this provision stands.

Easter Day: Shall fall to the parent who has the child in their custody at that time.

Memorial Day: Shall fall to the parent who has the child in their custody at the time.

Labor Day: Shall fall to the parent who has the child in their custody at that time.

July 4th: Shall fall to the parent who has the child in their custody at that time.

Father’s Day: Father shall have the child on Father’s Day each and every year from 6:00 pm on the Friday before Father’s Day until 6:00 pm on Father’s Day.

Mother’s Day: Mother shall have the child each and every Mother’s Day from 6:00 pm on the Friday before Mother’s Day until 6:00 pm on Mother’s Day.

Child’s Birthdays: In even numbered years, Father shall have the child for her birthdays on either the weekend of her birthday (if it falls on a Friday, Saturday, or Sunday) or the weekend before their birthday if it falls on Monday through Thursday. In odd numbered years, Mother shall have the child for her birthdays on either the weekend of her birthday (if it falls on a Friday, Saturday, or Sunday) or the weekend before her birthday if it falls on Monday through Thursday.

Other:

a.) In the event of death in the immediate family of either the Mother or the Father, additional parenting time shall be allowed so that children may attend the funeral of the deceased.

6. Changes

The parents’ schedules and commitments may require occasional changes in the parenting time schedule. Parents shall attempt to agree on any changes, but the parent receiving a request for a change shall make the final decision on whether the change shall occur.

a. The parent making the request shall make such request in writing via email to the other parent;

b. The request for change should be made 14 days prior but shall be made no later than one week prior to the date of the requested change;

c. The parent receiving the request shall respond no later than 24 hours after receiving the requested change;

d. The response to the request may be made by phone; and shall be followed in writing via email.

e. Any parent requesting a change of schedule shall be responsible for any additional childcare and transportation costs resulting from the change.

f. Mother and Father shall cooperate to allow the child to meet their school, social, and extracurricular commitments.

g. Parent’s shall communicate by email, so as to avoid confusion as to agreements made. All verbal communications shall be followed up with an email indicating the verbal communication. This provision should minimize the potential for misunderstandings since the order leaves significant room for the schedule to be altered upon the agreement of both parties.

7. Telephone Contact: When the child is with the Mother the child may telephone the Father, and the Father may also telephone the child when the child is with the Mother. When the child is with the Father the child may telephone the Mother, and the Mother may also telephone the child when the child is with the Father. It is agreed that all such telephone calls will be made with reasonable frequency, be of a reasonable duration, and no calls will be initiated before 8:00 am or after 9:00 p.m. Neither party shall deny a phone call made to the child from the other parent.

 

[Zephyr]

parenting plan continued....


B. Decision-Making Rights and Responsibilities

All reports and records shall be made available to the Mother.
All reports and records shall be made available to the Father.

Each parent shall be responsible for getting records and reports directly from service providers and each parent shall keep the other parent fully and promptly informed of the contact information for all service providers. “Service provider” shall include, but not be limited to, medical care providers, dental care providers, mental health care providers, insurance carriers and educational providers.

Either parent shall make decisions regarding day-to-day care and control of the children while the children are with that parent. Regardless of the decision-making responsibilities stated in this parenting plan, either parent may make emergency decisions affecting the healthy or safety of the children but must notify the other parent within one hour of any emergency regarding the child.

1. Decision Making: Each parent shall immediately provide written consent and approval to all service providers to release all records and information concerning the children to the other parent upon the other parent’s request.

Each parent shall list the other parent on all records of the child in the appropriate “Parent” sections and as an emergency contact. At NO time will a parent enter the name of a stepparent in the “Mother” or “Father” information.

Major decisions regarding the children shall be made between Mother and Father as follows:
Education: SHARED
Medical: SHARED
Dental: SHARED
Selection of Health Care Providers: SHARED
Extracurricular Activities: SHARED
Religious Upbringing: SHARED

2. Dispute Resolution: The parents should attempt to resolve any matters on which they disagree through mutual discussion. If that fails, the Parents shall attempt to resolve any matters on which they disagree or which involve interpreting the parenting plan through the following alternative dispute resolution process prior to any court action:

a. Mediation by a private third party, such as the child’s godmother, or other private third party.
b. Mediation by a third-party professional mediator to be determined by the party requesting such mediation; the cost of this process shall be allocated between the parties as determined in the dispute resolution process.
d. Notifying the other party by certified mail shall start the process.

D. Expenses of the Children

Parent’s are equally responsible for health insurance for the child, if at any time insurance for the child is available through an employer at a reasonable cost that parent must cover the child. The other parent shall reimburse the insuring parent for 50% of the premiums for the child in advance. The insuring parent shall supply documentation of the cost of premiums at the time of payment request.

Expenses not covered by insurance should be split as follows:

Medical including co-pays and prescriptions**
Mother - 50%
Father - 50%

Dental**
Mother - 50%
Father - 50%

Vision
Mother - 50%
Father - 50%

Psychological
Mother - 50%
Father - 50%

Other Health
Mother - 50%
Father - 50%

Educational
Mother - 50%
Father - 50%

Extraordinary Expenses
Mother - 50%
Father - 50%

Extracurricular Activities
Mother - 50%
Father - 50%

**Medical and dental expenses shall NOT include elective or solely cosmetic medical and dental procedures. The cost of elective or solely cosmetic medical or dental expenses shall be the sole responsibility of the parent obtaining or requesting such procedure. Over the counter medications are at the sole cost of the parent purchasing the medication.

The parent taking the child to any scheduled appointments or emergency services shall submit to the other parent, within thirty (30) days after the treatment and in writing, the proportionate part of the other parent’s non-covered medical expense obligation. That parent then has thirty (30) days to pay, or arrange for acceptable payment arrangement with the provider, their court ordered portion of the bill incurred or they shall be in contempt of court.

E. Dependency Exemption

Parents shall discuss tax filing with a professional tax preparer about who is eligible to claim the dependency exemption for EIC and refund purposes. Parents shall use the buyout method after receiving the tax prepares advice and following such. Each parent shall submit to the other their buyout within 3 business days of receiving their refund check. Parents may not file for extensions.

F: Education

The child shall attend school in the mother’s school district, as that is the district that will be the least disruptive to the custody schedule. Parents shall work together in determining which school within that district is the best school for the child and other decisions regarding the child’s education.

G. Special Provisions

1. That it is expressly understood the enumerated times each Parent shall be with, and responsible for care of said child are NOT subject to modifications by mutual agreement unless in writing, dated, signed, and each Parent shall retain a copy.

2. Should valid reason occur, such that one Parent is not able to exercise his/her entire parenting/vacation time or custodial period with said child, the other parent shall be offered the time as additional parenting time.

3. That each party shall NOT deny ANY child parenting time with the other Parent because that child is busy, not available, is being punished, is suffering an illness, or refuse to go on the scheduled parenting time or custodial period.

4. The Mother and Father are enjoined from interfering in any way with the other parent’s Court Ordered parenting time or custodial period, and from interfering with the legal access of said Parent to said child.

5. That the Mother and Father shall not in any manner, or for any reason whatsoever, suggest or demand that the other party shall not exercise all or a partial portion of his/her court ordered parenting time or custodial period with said child.

6. That neither party shall refuse to surrender said children to the other party or designated responsible adult promptly at the beginning of each of the party’s parenting time or custodial period.

7. Each party will specifically recognize that their respective powers and responsibilities of joint legal custody will not be exercised for the purposes of frustrating, denying, or controlling in any manner the social development of the other Parent. The Parents shall exert their best efforts to work cooperatively in future plans of the child, consistent with the BEST INTERESTS of said child, and amicably resolving disputes as they may arise.

8. The local Sheriff or other Law Enforcement Officer shall enforce custody or visitation orders as listed in this Parenting Plan and incorporated into the Custody Order.

9. The Parents are restrained and enjoined from encouraging or engaging ANY other person to harass, annoy, strike with hand or object, threaten, assault, verbally abuse or molest the other Parent, in an attempt to alarm, coerce, anger, or frighten either party in any manner or at any time whatsoever. The Parents shall not make negative statements about the other Parent in the presence of said child, and shall not allow ANY other person to make negative statements about the other Parent in the presence of said child. The Parents shall not use said child or any other person except a designated messenger, to deliver any messages to the other party. The Parents will not, and will not allow others to coerce said child into false and negative beliefs about, negative or abusive behavior toward, or attempt to alienate said child from, Parent, and shall not attempt to foster a lack of love or care for the other Parent in any way. Father agrees to remain present for interactions between the child and the paternal grandmother.

11. Each parent shall notify the other parent within seven (7) days of any change of telephone numbers or their place of residence.

12. The parties agree that extracurricular activities can be a very fulfilling and rewarding part of a child’s life; parties shall discuss child’s participation in such activities and encourage the child to participate in activities that interest the child. Parties shall share costs and transportation regarding the child’s extracurricular activities. The parent that has physical custody of the child for any day when the child has a scheduled activity is responsible for transporting the child to and from such scheduled activity unless prior arrangements have been made between the Mother and Father.

(MOM) and (DAD), of lawful age, being duly sworn on their oath states that she/he is the Respondent/Petitioner named above and that the facts stated herein are true according to her/his best knowledge and belief.

 

[brisgirl825]

What is the name of your state?What is the name of your state? WI

Whyte noise, thank you for providing your co for others of us to use, I have taken alot of your ideas and used them in my plan for my daughter,

now just to catch everyone up, have 50/50 legal physical of daughter, we switch week to week, but other than the week to week swap our order does not address any other issues, dad and I have been getting along for a bit now so I thought I might as well strike while the iron is hot. the following is what I sent him for review and input, he and I will probably go back and forth a few times fine tuning and such.

I would appreciate input from you guys...and I did try to be a little sneaky about the issue of his mom- that woman is scary, so advice on those parts especially, I'm kind of hoping he just reads right by it, cause god forbid someone points out his mother as a loony-toon...



STIPULATED PARENTING PLAN PROPOSED BY PARTIES

A. Custody and Parenting Time

1. The parties shall have joint legal custody of the minor child, (child's name), and physical placement of the child shall be as previously ordered by the court. Joint legal custody, joint physical placement, alternating weeks.

2. Neither party shall move the residence of the child more than 30 miles without giving 60 days written notice by certified mail, return receipt requested to the other parent.

3. Children, whenever possible and appropriate, need to have frequent, continuing, and meaningful contact with both parents. Parents shall have the child for alternating weeks, exchange time 9:00 am Saturday mornings. If a parent should be unable to care for the child for more than 8 hours or overnight, they shall offer the other parent the opportunity to care for the child before all others. Parents may request and work out between themselves allowing extra time to each other so the child may attend special events. Requests should be made 14 in advance.

I think you mean 14 days right? I didn't know if that was a type-o here or in the papers.

4. Exchanges: Regular visitation exchanges shall occur at the residence of the parent with the child in their possession. Each parent shall have the right to designate their spouse, immediate family members, or other licensed driver known to the child to provide transportation for the children, and, in the absence of the Parent, with the exception of the paternal grandmother, to supervise the child and make minor day-to-day decisions regarding the care and discipline of the children. Mother and Father shall pay their own transportation costs including but not limited to: gas, lodging, and food. Neither parent is required to reimburse the other parent for expenses incurred, unless one parent does not show up for the exchange, thereby putting an unnecessary financial burden on the parent who complied with the provisions herein. If such occasion arises, then the parent that was unduly burdened may file to receive reimbursement of their monies expended.

5. Holiday Schedule: Both parents recognize the child’s need to have the other involved at important times; the following holiday schedule may be altered to accommodate agreements in writing by the parents. However, if no agreement can be reached this guideline must be followed.

Summer Visitation: Parents may each have one consecutive 2 week period of time with the child with 30 days written notice submitted to the other parent for approval of dates. With the exception of the two week visit, the normal placement arrangement will be followed.

Christmas Vacation: In even numbered years, the Father shall have parenting time with the child from 6:00 pm on the day school recesses until 6:00 pm December 28th. In odd numbered years, the mother shall have parenting time with the child from 6:00 pm on the day school recesses until 6:00 December 28th. The parties, may adjust this schedule when needed by agreement, if they cannot agree, this provision stands.

Thanksgiving Vacation: In odd numbered years, the Father shall have parenting time 9:00 am on Thanksgiving Day, until 9:00 am the following day. In odd numbered years, the Mother shall have parenting time from 9:00 am on Thanksgiving Day, until 9:00 am the following day. The parties, may by agreement adjust this schedule when needed by agreement, if they cannot agree, this provision stands.

I think you meant to say that you have the child on even numbered years. Again, I wasn't sure if this was a type-o here or in the papers.

Easter Day: Shall fall to the parent who has the child in their custody at that time.

Memorial Day: Shall fall to the parent who has the child in their custody at the time.

Labor Day: Shall fall to the parent who has the child in their custody at that time.

July 4th: Shall fall to the parent who has the child in their custody at that time.

Father’s Day: Father shall have the child on Father’s Day each and every year from 6:00 pm on the Friday before Father’s Day until 6:00 pm on Father’s Day.

Mother’s Day: Mother shall have the child each and every Mother’s Day from 6:00 pm on the Friday before Mother’s Day until 6:00 pm on Mother’s Day.

Child’s Birthdays: In even numbered years, Father shall have the child for her birthdays on either the weekend of her birthday (if it falls on a Friday, Saturday, or Sunday) or the weekend before their birthday if it falls on Monday through Thursday. In odd numbered years, Mother shall have the child for her birthdays on either the weekend of her birthday (if it falls on a Friday, Saturday, or Sunday) or the weekend before her birthday if it falls on Monday through Thursday.

Other:

a.) In the event of death in the immediate family of either the Mother or the Father, additional parenting time shall be allowed so that children may attend the funeral of the deceased.

My personal opinion is that a certain amount of days should be put in here. Maybe 3 days starting the day before the funeral? This way you and dad don't have to worry about the other asking for 2 wks or something...know what I mean? It may be something that could be taken advantage of...

6. Changes

The parents’ schedules and commitments may require occasional changes in the parenting time schedule. Parents shall attempt to agree on any changes, but the parent receiving a request for a change shall make the final decision on whether the change shall occur.

a. The parent making the request shall make such request in writing via email to the other parent;

b. The request for change should be made 14 days prior but shall be made no later than one week prior to the date of the requested change;

c. The parent receiving the request shall respond no later than 24 hours after receiving the requested change;

d. The response to the request may be made by phone; and shall be followed in writing via email.

e. Any parent requesting a change of schedule shall be responsible for any additional childcare and transportation costs resulting from the change.

f. Mother and Father shall cooperate to allow the child to meet their school, social, and extracurricular commitments.

g. Parent’s shall communicate by email, so as to avoid confusion as to agreements made. All verbal communications shall be followed up with an email indicating the verbal communication. This provision should minimize the potential for misunderstandings since the order leaves significant room for the schedule to be altered upon the agreement of both parties.

7. Telephone Contact: When the child is with the Mother the child may telephone the Father, and the Father may also telephone the child when the child is with the Mother. When the child is with the Father the child may telephone the Mother, and the Mother may also telephone the child when the child is with the Father. It is agreed that all such telephone calls will be made with reasonable frequency, be of a reasonable duration, and no calls will be initiated before 8:00 am or after 9:00 p.m. Neither party shall deny a phone call made to the child from the other parent.

Going to your continued post....

 

[LdiJ]

You need to re-write that clause regarding the tax exemption...there is no such thing as a "buyout method"...from a legal perspective. (and particularly from an IRS perspective) You need to spell out exactly what the rules are and what the parent taking the exemption needs to do...or what they need to give the other parent.

Also, legally, with true 50/50 custody, neither of you are eligible for EIC or to take the child care credit. Therefore you wouldn't be able to submit that parenting plan to the IRS to prove the right to claim the exemption. In fact, in a true 50/50 situation technically the parent with the HIGHER AGI is supposed to claim the exemption. You can agree to do differently....and 9 times out of 10 the IRS won't give you grief...but keep that in the back of your mind. It would be safer just to alternate years and have each parent be responsible for the legality/validity of their own return.

 

[brisgirl825]

parenting plan continued....


B. Decision-Making Rights and Responsibilities

All reports and records shall be made available to the Mother.
All reports and records shall be made available to the Father.

Each parent shall be responsible for getting records and reports directly from service providers and each parent shall keep the other parent fully and promptly informed of the contact information for all service providers. “Service provider” shall include, but not be limited to, medical care providers, dental care providers, mental health care providers, insurance carriers and educational providers.

Either parent shall make decisions regarding day-to-day care and control of the children while the children are with that parent. Regardless of the decision-making responsibilities stated in this parenting plan, either parent may make emergency decisions affecting the healthy or safety of the children but must notify the other parent within one hour of any emergency regarding the child.

1. Decision Making: Each parent shall immediately provide written consent and approval to all service providers to release all records and information concerning the children to the other parent upon the other parent’s request.

Each parent shall list the other parent on all records of the child in the appropriate “Parent” sections and as an emergency contact. At NO time will a parent enter the name of a stepparent in the “Mother” or “Father” information.

Major decisions regarding the children shall be made between Mother and Father as follows:
Education: SHARED
Medical: SHARED
Dental: SHARED
Selection of Health Care Providers: SHARED
Extracurricular Activities: SHARED
Religious Upbringing: SHARED

2. Dispute Resolution: The parents should attempt to resolve any matters on which they disagree through mutual discussion. If that fails, the Parents shall attempt to resolve any matters on which they disagree or which involve interpreting the parenting plan through the following alternative dispute resolution process prior to any court action:

a. Mediation by a private third party, such as the child’s godmother, or other private third party.
b. Mediation by a third-party professional mediator to be determined by the party requesting such mediation; the cost of this process shall be allocated between the parties as determined in the dispute resolution process.
d. Notifying the other party by certified mail shall start the process.

D. Expenses of the Children

Parent’s are equally responsible for health insurance for the child, if at any time insurance for the child is available through an employer at a reasonable cost that parent must cover the child. The other parent shall reimburse the insuring parent for 50% of the premiums for the child in advance. The insuring parent shall supply documentation of the cost of premiums at the time of payment request.

Expenses not covered by insurance should be split as follows:

Medical including co-pays and prescriptions**
Mother - 50%
Father - 50%

Dental**
Mother - 50%
Father - 50%

Vision
Mother - 50%
Father - 50%

Psychological
Mother - 50%
Father - 50%

Other Health
Mother - 50%
Father - 50%

Educational
Mother - 50%
Father - 50%

Extraordinary Expenses
Mother - 50%
Father - 50%

Extracurricular Activities
Mother - 50%
Father - 50%

**Medical and dental expenses shall NOT include elective or solely cosmetic medical and dental procedures. The cost of elective or solely cosmetic medical or dental expenses shall be the sole responsibility of the parent obtaining or requesting such procedure. Over the counter medications are at the sole cost of the parent purchasing the medication.

The parent taking the child to any scheduled appointments or emergency services shall submit to the other parent, within thirty (30) days after the treatment and in writing, the proportionate part of the other parent’s non-covered medical expense obligation. That parent then has thirty (30) days to pay, or arrange for acceptable payment arrangement with the provider, their court ordered portion of the bill incurred or they shall be in contempt of court.

E. Dependency Exemption

Parents shall discuss tax filing with a professional tax preparer about who is eligible to claim the dependency exemption for EIC and refund purposes. Parents shall use the buyout method after receiving the tax prepares advice and following such. Each parent shall submit to the other their buyout within 3 business days of receiving their refund check. Parents may not file for extensions.

F: Education

The child shall attend school in the mother’s school district, as that is the district that will be the least disruptive to the custody schedule. Parents shall work together in determining which school within that district is the best school for the child and other decisions regarding the child’s education.

G. Special Provisions

1. That it is expressly understood the enumerated times each Parent shall be with, and responsible for care of said child are NOT subject to modifications by mutual agreement unless in writing, dated, signed, and each Parent shall retain a copy.

2. Should valid reason occur, such that one Parent is not able to exercise his/her entire parenting/vacation time or custodial period with said child, the other parent shall be offered the time as additional parenting time.

3. That each party shall NOT deny ANY child parenting time with the other Parent because that child is busy, not available, is being punished, is suffering an illness, or refuse to go on the scheduled parenting time or custodial period.

4. The Mother and Father are enjoined from interfering in any way with the other parent’s Court Ordered parenting time or custodial period, and from interfering with the legal access of said Parent to said child.

5. That the Mother and Father shall not in any manner, or for any reason whatsoever, suggest or demand that the other party shall not exercise all or a partial portion of his/her court ordered parenting time or custodial period with said child.

6. That neither party shall refuse to surrender said children to the other party or designated responsible adult promptly at the beginning of each of the party’s parenting time or custodial period.

7. Each party will specifically recognize that their respective powers and responsibilities of joint legal custody will not be exercised for the purposes of frustrating, denying, or controlling in any manner the social development of the other Parent. The Parents shall exert their best efforts to work cooperatively in future plans of the child, consistent with the BEST INTERESTS of said child, and amicably resolving disputes as they may arise.

8. The local Sheriff or other Law Enforcement Officer shall enforce custody or visitation orders as listed in this Parenting Plan and incorporated into the Custody Order.

9. The Parents are restrained and enjoined from encouraging or engaging ANY other person to harass, annoy, strike with hand or object, threaten, assault, verbally abuse or molest the other Parent, in an attempt to alarm, coerce, anger, or frighten either party in any manner or at any time whatsoever. The Parents shall not make negative statements about the other Parent in the presence of said child, and shall not allow ANY other person to make negative statements about the other Parent in the presence of said child. The Parents shall not use said child or any other person except a designated messenger, to deliver any messages to the other party. The Parents will not, and will not allow others to coerce said child into false and negative beliefs about, negative or abusive behavior toward, or attempt to alienate said child from, Parent, and shall not attempt to foster a lack of love or care for the other Parent in any way. Father agrees to remain present for interactions between the child and the paternal grandmother.

11. Each parent shall notify the other parent within seven (7) days of any change of telephone numbers or their place of residence.

12. The parties agree that extracurricular activities can be a very fulfilling and rewarding part of a child’s life; parties shall discuss child’s participation in such activities and encourage the child to participate in activities that interest the child. Parties shall share costs and transportation regarding the child’s extracurricular activities. The parent that has physical custody of the child for any day when the child has a scheduled activity is responsible for transporting the child to and from such scheduled activity unless prior arrangements have been made between the Mother and Father.

(MOM) and (DAD), of lawful age, being duly sworn on their oath states that she/he is the Respondent/Petitioner named above and that the facts stated herein are true according to her/his best knowledge and belief.

Sounds good!

 

[Zephyr]

You need to re-write that clause regarding the tax exemption...there is no such thing as a "buyout method"...from a legal perspective. (and particularly from an IRS perspective) You need to spell out exactly what the rules are and what the parent taking the exemption needs to do.

Also, legally, with true 50/50 custody, neither of you are eligible for EIC or to take the child care credit. Therefore you wouldn't be able to submit that parenting plan to the IRS to prove the right to claim the exemption. In fact, in a true 50/50 situation technically the parent with the HIGHER AGI is supposed to claim the exemption. You can agree to do differently....and 9 times out of 10 the IRS won't give you grief...but keep that in the back of your mind.

Thank You so much for that, I felt uneasy even writing that because I am unfamiliar with the aspects of tax laws, could you elaborate more about neither of us being eligible for the eic? if one can prove a greater level of expenditures does that change? or is it solely time related?

 

[Whyte Noise]

Not LdiJ, but the EIC is solely time related. The person who has the child in their home 6 months or more of the year.

The only thing I see that "may" cause some hassles down the road is this:

"3. Children, whenever possible and appropriate, need to have frequent, continuing, and meaningful contact with both parents. Parents shall have the child for alternating weeks, exchange time 9:00 am Saturday mornings. If a parent should be unable to care for the child for more than 8 hours or overnight, they shall offer the other parent the opportunity to care for the child before all others. Parents may request and work out between themselves allowing extra time to each other so the child may attend special events. Requests should be made 14 in advance."

First, the "8 hours or overnight" part. I'd include that sleepovers at friend's houses do not count as being unable to care for the child, but giving the child an opportunity to socialize. You may want to include sleepovers at g'ma and g'pa's houses as well if they do that.


OK, I know that's supposed to be 14 days. But... sometimes things come up that you don't have 14 days notice of. Say little Suzy's friend is having a birthday party on dad's time, but... she just got the invite on Wednesday (your time) and the party is 3 days away (after you exchange for dad's time). Or, little Bobby's band teacher wants him to tryout for all-state on one of dad's days, but just told you about this and the tryout is only a week away, not 14 days. Hmmm... I'd say something along the lines of at least a 7 day notice when able, but no less than 24 hour notice. I'd be more apt to cut some timeframe slack when it comes to situations like that. JMO

 

[Zephyr]

Not LdiJ, but the EIC is solely time related. The person who has the child in their home 6 months or more of the year.


I will have to go back and count actual nights, but in may I know he had her for an extra week, because he said the daycare he puts her in had 2 field trips that week that she was looking forward to- so if I haven't, in the extra nights I have gotten here and there made up those 7 nights, then he would be eligible for the eic?


The only thing I see that "may" cause some hassles down the road is this:

"3. Children, whenever possible and appropriate, need to have frequent, continuing, and meaningful contact with both parents. Parents shall have the child for alternating weeks, exchange time 9:00 am Saturday mornings. If a parent should be unable to care for the child for more than 8 hours or overnight, they shall offer the other parent the opportunity to care for the child before all others. Parents may request and work out between themselves allowing extra time to each other so the child may attend special events. Requests should be made 14 in advance."

First, the "8 hours or overnight" part. I'd include that sleepovers at friend's houses do not count as being unable to care for the child, but giving the child an opportunity to socialize. You may want to include sleepovers at g'ma and g'pa's houses as well if they do that.



OK, I know that's supposed to be 14 days. But... sometimes things come up that you don't have 14 days notice of. Say little Suzy's friend is having a birthday party on dad's time, but... she just got the invite on Wednesday (your time) and the party is 3 days away (after you exchange for dad's time). Or, little Bobby's band teacher wants him to tryout for all-state on one of dad's days, but just told you about this and the tryout is only a week away, not 14 days. Hmmm... I'd say something along the lines of at least a 7 day notice when able, but no less than 24 hour notice. I'd be more apt to cut some timeframe slack when it comes to situations like that. JMO

I agree, from my side, heck I don't really need any notice, something comes up for her and him on my time, I make it work....I will change that, I don't know what I was thinking on that one....

 

[Zephyr]

You need to re-write that clause regarding the tax exemption...there is no such thing as a "buyout method"...from a legal perspective. (and particularly from an IRS perspective) You need to spell out exactly what the rules are and what the parent taking the exemption needs to do...or what they need to give the other parent.

Also, legally, with true 50/50 custody, neither of you are eligible for EIC or to take the child care credit. Therefore you wouldn't be able to submit that parenting plan to the IRS to prove the right to claim the exemption. In fact, in a true 50/50 situation technically the parent with the HIGHER AGI is supposed to claim the exemption. You can agree to do differently....and 9 times out of 10 the IRS won't give you grief...but keep that in the back of your mind. It would be safer just to alternate years and have each parent be responsible for the legality/validity of their own return.

on paper I have the higher adjusted gross income- so by IRS rules I should claim the exemption?

 

[hugs-n-kisses]

2. Neither party shall move the residence of the child more than 30 miles without giving 60 days written notice by certified mail, return receipt requested to the other parent.

After such a move, how will the extra transportation costs, etc. be split?

a.) In the event of death in the immediate family of either the Mother or the Father, additional parenting time shall be allowed so that children may attend the funeral of the deceased.

Maybe you should specify immediate family... Are aunts/uncles/cousins, etc included?

a. The parent making the request shall make such request in writing via email to the other parent;

d. The response to the request may be made by phone; and shall be followed in writing via email.

You should have a back-up plan (ie certified letter) to go along with the email, as computers do crash sometimes, and sometimes internet providers are down, etc.
.

either parent may make emergency decisions affecting the healthy or safety of the children but must notify the other parent within one hour of any emergency regarding the child.

Wish this was in my fiance's co!!

2. Should valid reason occur, such that one Parent is not able to exercise his/her entire parenting/vacation time or custodial period with said child, the other parent shall be offered the time as additional parenting time.

You could add that it may be offered as extra or to trade certain periods of time to make up for lost parenting time too so that no time is lost.

11. Each parent shall notify the other parent within seven (7) days of any change of telephone numbers or their place of residence.

In the experiences that we have had, I would want it in writing if I were you, so that it cannot be said that there was no notification.... once again, certified letter or something similar may be the best bet...

Good luck.. It looks great!!

 

[rmet4nzkx]

Aside from some of the other comments I'd add this.

When you are talking about extra activities, there should be agreement on these in addition to splitting the cost. So if the little darling begs to be in every activity immaginable and all these happen to be near one parent, that may place a strain on the other parent's time and schedule so there may need to be some flexibility to transportation and possibly some limiting of extra activities along with maintaining good scholastic reports. Is there any way to share the child's birthday party/outings.

Why is it more suitable for the child's school to be in the mother's school district?

There will need to be some language re flexibility.

You might include email and webcams for communication in addition to telephone.

If access to one grandparent is qualified, the same goes for other caregivers unless both parents agree the caregiver is appropriate.

There was no mention of religious activities?

 

[Zephyr]

After such a move, how will the extra transportation costs, etc. be split?

if either of us moved more than 30 miles we would HAVE to go back to court, the 50/50 just would be too hard on daughter


Maybe you should specify immediate family... Are aunts/uncles/cousins, etc included?

I am going to include time specifications on this part, I thought the legal definition of immediate family was parents, grandparents and siblings, we'll leave that for now, he might want it stated differently as he is close to his siblings

You should have a back-up plan (ie certified letter) to go along with the email, as computers do crash sometimes, and sometimes internet providers are down, etc.
.


Wish this was in my fiance's co!!


You could add that it may be offered as extra or to trade certain periods of time to make up for lost parenting time too so that no time is lost.


we have tried to "make up" time in the past, it just blows the whole schedule out of the water for that much longer, we both agreed that we just wouldn't try to make up time, but that we should both be flexible with accomodating each others plans.


In the experiences that we have had, I would want it in writing if I were you, so that it cannot be said that there was no notification.... once again, certified letter or something similar may be the best bet...

Good luck.. It looks great!!

good points, I am sure I will end up changing a lot by the time it gets submitted to the judge, I wanted to leave it open enough to allow us to work together but to also protect us (hehe me) when he decides again that I am just an evil rotten person. Which I am sure he will as soon as he gets the news that I will be getting married.

 

[LdiJ]

Thank You so much for that, I felt uneasy even writing that because I am unfamiliar with the aspects of tax laws, could you elaborate more about neither of us being eligible for the eic? if one can prove a greater level of expenditures does that change? or is it solely time related?

EIC is time related and relationship related. When it involves two parents with equal legal relationship, then it is purely time related. The parent with the greater amount of time with the child is the only parent entitled to EIC (assuming they qualify income-wise)....and no (for the sake of another thread) a stepparent does not qualify as a parent if separated from the bio-parent.

Our practise generally advises parents with 50/50 custody to plan for the parent who may be claiming EIC to deliberately arrange the timesharing arrangement for the year so that, that parent clearly has the child more than 50% of the time...and to have that time clearly documented.

Obviously, that can't be done at tax time...that requires pre-planning...EACH YEAR.

When parents are divorced or separated the IRS allows alot of latitude...and generally honors most agreements. HOWEVER...the IRS would NOT be happy if presented with an order that instructs the parents to decide who gets the exemption, after the fact, based on who would get the best refund....and would definitely audit parents whose agreement stated that they would decide who gets the EIC, after the fact....and the penalties for EIC fraud are serious. Naturally there are many parents write up agreements like that (and no one can really fault them for doing so) however it rarely involves EIC...because EIC can get you into serious trouble.

Therefore, my advice is to alternate years on the tax exemption....and let each one of you be responsible for the legality of your own tax return.....and/or making sure that the person who needs/wants to claim EIC actually has the child more than 50% of the year that year, and that its clearly documented. Another option would be for the same parent to claim the exemption every year, and provide the other parent with 1/2 of the refund that was due to the child. Either method would be acceptable.

Our practise requires parents to sign an affidavit declaring that the child has lived with them at least 7 months of the year before we will submit a tax return with a claim for EIC. That is how seriously we take the issue. However, what most people don't realize is that tax preparers have an equally serious risk for fraudulent returns. Every return I prepare is logged with the IRS under my identification number. I could actually go to prison if I was found to be cooperating with EIC fraud.

 

[Zephyr]

Aside from some of the other comments I'd add this.

When you are talking about extra activities, there should be agreement on these in addition to splitting the cost. So if the little darling begs to be in every activity immaginable and all these happen to be near one parent, that may place a strain on the other parent's time and schedule so there may need to be some flexibility to transportation and possibly some limiting of extra activities along with maintaining good scholastic reports.

I agree, and I am sure that is one of the things he will bring up, this is a first round document, I am willing and able to offer with transport on his time, I also carry the Y memebership where some activities are that I would like to enroll her in, I have him covered in the membership as well so that he can take her to the pool or whatever, or just take her to her activity and/or go workout himself while he waits for her

Is there any way to share the child's birthday party/outings.

Yes, I left over that wording from Whyte NOise's version, we have discussed several times invinting the other to the party or having it at DQ or wherever and both attending, but this document is intended for when we can't get along

Why is it more suitable for the child's school to be in the mother's school district?

https://forum.freeadvice.com/showthread.php?t=263298

There will need to be some language re flexibility.

You might include email and webcams for communication in addition to telephone.

I am not sure dad would take the effort to get it set up and learn how to use it, but I will extend the offer

If access to one grandparent is qualified, the same goes for other caregivers unless both parents agree the caregiver is appropriate.

I am not sure what this means, are you saying that if his mother is restricted from being a babysitting then mine would be as well?

There was no mention of religious activities?

as far as religious activities, he doesn't practice any faith or faith based activities, I identify myself as christian but I visit several churches, and am not a memeber of any. Thanks for the great input

 

[Zephyr]

EIC is time related and relationship related. When it involves two parents with equal legal relationship, then it is purely time related. The parent with the greater amount of time with the child is the only parent entitled to EIC (assuming they qualify income-wise)....and no (for the sake of another thread) a stepparent does not qualify as a parent if separated from the bio-parent.

Our practise generally advises parents with 50/50 custody to plan for the parent who may be claiming EIC to deliberately arrange the timesharing arrangement for the year so that, that parent clearly has the child more than 50% of the time...and to have that time clearly documented.

Obviously, that can't be done at tax time...that requires pre-planning...EACH YEAR.

When parents are divorced or separated the IRS allows alot of latitude...and generally honors most agreements. HOWEVER...the IRS would NOT be happy if presented with an order that instructs the parents to decide who gets the exemption, after the fact, based on who would get the best refund....and would definitely audit parents whose agreement stated that they would decide who gets the EIC, after the fact....and the penalties for EIC fraud are serious. Naturally there are many parents write up agreements like that (and no one can really fault them for doing so) however it rarely involves EIC...because EIC can get you into serious trouble.

Therefore, my advice is to alternate years on the tax exemption....and let each one of you be responsible for the legality of your own tax return.....and/or making sure that the person who needs/wants to claim EIC actually has the child more than 50% of the year that year, and that its clearly documented. Another option would be for the same parent to claim the exemption every year, and provide the other parent with 1/2 of the refund that was due to the child. Either method would be acceptable.

Our practise requires parents to sign an affidavit declaring that the child has lived with them at least 7 months of the year before we will submit a tax return with a claim for EIC. That is how seriously we take the issue. However, what most people don't realize is that tax preparers have an equally serious risk for fraudulent returns. Every return I prepare is logged with the IRS under my identification number. I could actually go to prison if I was found to be cooperating with EIC fraud.

Thank you for explaining all of that, I am actually printing up your answer to reference later, I think I may have to read it a couple time to understand it, I know he won't want to swap years because if he doesn't get to claim her he actually has to pay in, but he might not mind getting half of my refund since, onpaper I make so much more than him....so having 50/50 though, we would then just ignore the eic credit all together? we are definitely having a professional do this haha, but does that affect the day care credit? he pays $25 per month, I pay 250 per month, that credit could make a significant difference on my return.