Amended Parenting Plan Both Parents Agree - New Mexico - Edit, Fill, Sign Online

Page 1 of 17 Amended Parenting Plan & Order BothAgree

April 2013

IN THE TWELFTH JUDICAL DISTRICT COURT

STATE OF NEW MEXICO

COUNTY OF _________________

Cause Number: __________________________________

Petitioner Division: _____________

vs

Respondent

AMENDED PARENTING PLAN BOTH PARENTS AGREE

We both agree to the terms of this parenting plan. This parenting plan will become part of

the Judge’s final order when the Final Decree of Dissolution of Marriage or Final Decree of

Parentage is signed by the Judge.

This Parenting Plan involves the following child(ren):

Name

Date of Birth

1. LEGAL CUSTODY: (choose only one  below with an (⨯))

There is a presumption in New Mexico that Joint legal custody is in the best interests

of the child(ren). An award of sole legal custody to one parent may require a hearing.

 The parties will have joint legal custody. This means that the parties will have

joint responsibility and authority for the major decisions regarding the child(ren) in

the areas of religion, residence, non-emergency medical or dental care, education

and recreational activities. Neither of us will unilaterally make a major change

affecting our child(ren) in these designated areas without consulting the other

party. If we cannot agree, the disagreement will first try to be resolved through

mediation or alternative dispute resolution, which is further stated in Section

twenty-two (22). Until agreement or resolution, no change will be made.

OR

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April 2013

 Sole custody is granted to ______________________________________. This parent will be

responsible for the major decisions such as residence, religion, health care and

activities although the parents can confer about these matters. This is in the best

interest of the child(ren)because:

 The other parent is currently incarcerated;

 The other parent has not been involved in the child(ren)’s

live/s up to this point;

 Other: ________________________________________________________________.

2. WHAT WE ARE DOING NOW WITH THE CHILD(REN):

Child(ren)s

Names

1.

2.

3.

4.

Residence

Religion

Doctor of:

Name

Address

Phone Number

Dentist Name

Address

Phone Number

School Name

Address

Phone Number

Child Care Name

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April 2013

Address

Phone Number

Recreation

Activities &

Schedule

Other

3. RESPONSIBILITY FOR CARE OF OUR CHILDREN:

We will be responsible for the day-to-day care and supervision of our child(ren) during

those periods in which our child(ren)is/are physically in our household. We will ensure

that our child(ren) has/have adequate food, clothing, shelter, medical care, and attend

school regularly. When our child(ren) is/are not attending school and we cannot be in the

home, we will arrange for supervision of our child(ren) with a private caretaker or licensed

day care center.

4. CHILDREN’S WISHES:

We agree that our child(ren)’s wishes should and must be considered when we make

decisions regarding the child(ren). How much weight we will give a child’s wishes will

depend on the age of the child and the nature of the decision. We will not ever ask a child to

choose between us and we will not burden a child with any decision that is inappropriate

for their age and development.

5. TIME SHARING: (choose the  below with an (⨯) on all that you would like to apply)

Recognizing that our child(ren)’s wishes should and must be considered when we make

decisions regarding our child(ren), we will maintain a consistent regular plan so that our

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April 2013

child(ren)has/have security of knowing when contact with us will occur. Guidelines for

dealing with needed changes will be discussed later in this agreement.

 Plan 1 Time sharing is not appropriate at this time because: ______________

_________________________________________________________________________________________________

________________________________________________________________________________________________

 Plan 2 Supervised visits. __________________________________ shall have

supervised visits with the child(ren) as follows:

Time:__________________________________________________________________________

Location: _____________________________________________________________________

Drug Testing prior to visit  Yes  No. The parent taking the drug test is

responsible for paying for the drug test.

If a fee is involved for supervised visit, _________________________________ is responsible

for the payment.

 Plan 3 Same plan  each week or  every two weeks

Set out the time that the mother or father will have the child(ren) for that day.

Week 1

Mother’s Time

Father’s Time

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Sunday

Week 2

Mother’s Time

Father’s Time

Monday

Tuesday

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April 2013

Wednesday

Thursday

Friday

Saturday

Sunday

 Plan 4 Write your own plan.

Write your own plan or attach a separate sheet or calendar or make additions to Plan

1._______________________________________________________________________________________________

_________________________________________________________________________________________________

WEEKENDS, VACATIONS, HOLIDAYS & CHANGES TO SCHEDULE

 Weekends: will begin at ______________ (a.m.) (p.m.) on (Friday) (Saturday),

End at ______________ (a.m.) (p.m.) on (Sunday) (Monday).

 Vacations/Summer: Each parent will have uninterrupted time with the child(ren)

as follows: ____________________________________________________________________________________

_________________________________________________________________________________________________

 Holidays or Special Days: The Child(ren) will spend the holidays as follows:

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April 2013

(Parents may want to alternate years or divide holiday times)

Holidays:

Mother’s Time

Father’s Time

Spring Break

Easter

Mother’s Day

Memorial Day

Father’s Day

Fourth of July

Labor Day

Thanksgiving

Winter Break/December

Holidays

Child(ren)’s Birthday

Other:

Martin Luther King

President’s Day

Columbus Day

A. Changes to the Schedule: We may ask each other for exceptions to the

schedule of time-sharing if necessary. However, we understand that we have

the right to say “no” if there is a good reason, and we will not argue about this

or criticize each other’s decision in front of our child(ren).

B. Missed Time-share: If our child(ren) is/are unable to spend time with the

other parent due to illness, special school events or special family events, we

will inform each other as soon as possible, generally one (1) week in advance

of planned events. For each time-sharing that is missed outside of our control

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April 2013

he/she shall be able to substitute another time for the missed one as soon as

possible.

C. Scheduled Activities: If our child has any scheduled activity as described in

section three (3), planned on days where time-sharing is scheduled,

arrangements shall be made for our child to attend or participate in those

activities during the designated time. We must notify each other in advance

of such activities.

D. Transportation: We will divide the responsibility of getting our child(ren)

to and from each other’s house, daycare, school, ect., as follows:________________

_________________________________________________________________________________________

Changes in transportation will be communicated to each other within a

reasonable time prior to the scheduled time-sharing, generally, one week in

advance if possible.

6. TELEPHONE & MAIL:

We agree that our child(ren) has/have the right to place and receive phone calls from us,

and to send and receive letters and packages, without interference from us. Phone calls

should generally occur between ___________________________________________________________ or

before our child(ren)’s bedtime routines.

Conversations  will not be OR  will be monitored or supervised by either parent.

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April 2013

7. GRANDPARENTS & OTHER RELATIVES:

We agree that our child(ren)’s relationships with grandparents and other extended family

members is important, and that it is beneficial for our child(ren) to spend time with our

extended family members as long as those families do not try to alienate our child(ren)

from one of us. In order to encourage the continuation of good relationships between our

extended families and our child(ren), we agree that grandparents will enjoy visitation with

their grand-child(ren) during their child’s visitation time.

8. STEP-PARENTS, STEP-SIBLINGS :

We agree that it may be in our child(ren)’s best interest to continue deep and important

relationships with step relatives. Step-parents, step-siblings will enjoy visitation during the

parent’s visitation with the child(ren).

9. MEDICAL DECISIONS: (choose only one  below with an (⨯))

 We agree that in case of a medical emergency, the parent with the period of

responsibility will contact the other parent concerning treatment of our child(ren).

If the other parent cannot be reached, any decision for emergency medical

treatment will be made in the best interest of our child(ren) by the available parent.

a. Medical and dental treatment, other than routine care such as regularly

required vaccines and checkups, shall require the consent of both of us.

b. We agree that all medical treatment shall be by a licensed physician,

osteopath, chiropractor or other recognized health care provider. Any dental

work, including orthodontia or periodontal work shall be done by a licensed

dentist.

c. We both shall have full access to all medical and dental records and to health

care providers.

OR

 _________________________________ is responsible for all medical decisions, because they

will have sole legal custody of the child(ren). If the child(ren) is/are in the custody

of the other parent at the time an emergency medical situation arises that parent

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April 2013

shall make every effort to contact the other parent before any decisions are made.

The parent with sole legal custody may confer with the other parent if they choose

to do so.

10. CHANGE OF RESIDENCE:

Both parents presently intend to live in the same city or county.

If not, please specify: ______________________________________________________________

a. We agree that neither of us shall remove, cause to be removed, or permit

removal of our child(ren) from Otero/Lincoln Counties, 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 dispute by the method set forth

in Section Twenty-two (22). We understand that relocation of our child(ren),

outside of New Mexico, requires a prior court order.

b. If either one of us plans to change our local address or phone number, we will

provide each other immediate notice.

c. If either of us live in different cities with a significant distance between cities,

frequent contact with the one parent may not be possible. In these cases, the

absent parent will be entitled to time-sharing with our child(ren) whenever

he/she is in the same town where our child(ren) is/are living, as long as he/she

gives at least seventy-two (72) hours advance notice of the time-share and it

does not interfere with previously arranged school plans. In the latter case, an

attempt should be made to accommodate school plans and time-share.

11. EDUCATION DECISIONS: (choose only one  below with an (⨯))

 Our child(ren) will be placed in programs appropriate for their need(s) based upon

the recommendation by school staff, and the agreement between us.

a. School districts will not be changed unless necessitated by a move and/

or mutual agreement. Court approval may be required.

b. We agree that both of us should receive notice of Parent-Teacher

Conferences; copies of our child(ren)’s report cards, and any matters

regarding our child(ren)’s educational progress.

OR

 _________________________________ is responsible for all educational decisions, because

they will have sole legal custody of the child(ren). The parent with sole legal custody

may confer with the other parent if they choose to do so.

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BothAgree

April 2013

12. RELIGIOUS DECISIONS: (choose only one  below with an (⨯))

 We shall be entitled to take our child(ren) to the religious services either one of

us attends. However, the religious affiliation of our child(ren) will not be changed

unless there is mutual consent. We shall notify each other of significant ceremonial

events of our child(ren) and we both shall be entitled to attend.

OR

 _________________________________ is responsible for all religious decisions, because

they will have sole legal custody of the child(ren). The parent with sole legal

custody may confer with the other parent if they choose to do so.

13. RECREATIONAL, SCHOOL & PUBLIC ACTIVITIES:

We have the right to attend and or participate in our child(ren)’s recreational activities.

Each of us should receive a calendar of upcoming events.

14. CHILD SUPPORT: (choose only one  below with an (⨯))

Under New Mexico law, child support must be ordered for the financial support of

children whose parents do not live together. A signed child support worksheet must

be attached to the Parenting Plan.

 A court order involving child support has already been issued in:

Case Number_____________________________________ Court ____________________________________

State_____________.

 Child support should be set according to the New Mexico Child Support Guidelines

and the __________________________________ should be ordered to pay child support in the

amount of $_______________ per month as determined by the Child Support Guidelines

and Worksheet that is attached.

 ________________________________ pays $_______________ every month. This amount is a

deviation from the amount shown on the attached worksheet. The parents request a

hearing to have this amount approved by the Judge. The reason for the deviation is

that: ___________________________________________________________________________________________

_________________________________________________________________________________________________

Page 11 of 17 Amended Parenting Plan & Order

BothAgree

April 2013

________________________________________________________________________________________________.

Retroactive Child Support. Any issues of child support for the time before the entry

of the Final Decree must be raised by a separate motion or in a separate proceeding,

unless the parties otherwise agree.

Payments shall begin on _______________________(date), and shall be paid in the amount of

$_______________ (choose only one  below with an (⨯))

 every week (multiply the child support monthly amount by 12, then divide by 52)

 every two weeks (multiply the child support monthly amount by 12, then divide by 26)

 twice a month (divide the child support monthly amount by 2)

 every month (this is the monthly amount your worksheet would show)

15. WAGE WITHHOLDING ORDER: (choose only one  below with an (⨯))

A wage withholding order is required if either parent, or any of their children, are

receiving public assistance. In addition either party may request the court to enter a

wage withholding order.

 Child support will be withheld from ________________________________’s paycheck. The

wage withholding order is attached.

 No wage withholding at this time.

16. MEDICAL SUPPORT: (choose only one  below with an (⨯))

 The child(ren)’s healthcare is currently covered by a government program.

(Medicaid, Indian Health Services, ect.) The custodial parent(s) will be

responsible for taking steps to make sure the child(ren) is/are enrolled in

any government health care program for which the child(ren) is/are eligible.

 _____________________________ agrees to keep the minor child(ren) covered by

health and dental insurances as available to that parent from his or her

employer or from a health care insurance plan.

 ____________________________ will pay all the costs of health and dental insurances.

 Both parents will pay all health and dental insurance on a 50-50 basis.

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Amended Parenting Plan Both Parents Agree - New Mexico