Basic Parenting Plan Packet for Parents - Oregon - Edit, Fill, Sign Online

BASIC

PARENTING PLAN PACKET

for Parents

i INFORMATION ABOUT PARENTING PLANS

i PARENTING PLAN FORM

i INSTRUCTIONS

Revised December 2003

Developed by the

OREGON JUDICIAL DEPARTMENT

STATE FAMILY LAW ADVISORY COMMITTEE —

Parenting Plan Outreach Workgroup

and the

OFFICE OF THE STATE COURT ADMINISTRATOR—

Court Programs and Services Division

CONTACT and COPY INFORMATION

For more information about this Guide, contact:

COURT PROGRAMS AND SERVICES DIVISION

Office of State Court Administrator

1163 State Street

Salem, OR 97301-2563

(503) 986-6423

Fax: (503) 986-6419

E-Mail: [email protected]

To download copies of this Guide, go to the following website:

http://www.ojd.state.or.us/familylaw

(choose the “Parenting Plan Information” link)

for personal use or non-profit educational purposes but not for resale or other for-

profit distribution unless you have permission from the: Court Programs and

Services Division of the Oregon Judicial Department.

IMPORTANT INFORMATION

You are not required to have a lawyer to create a parenting plan, but be aware that the

provisions of your parenting plan may have important legal consequences. READ THE

INSTRUCTIONS CAREFULLY (these are a separate document at the back of the

packet) and consult with an attorney BEFORE filing your parenting plan if you want to

know about these legal consequences or if you have other questions.

HOW TO USE YOUR BASIC PARENTING PLAN PACKET

WHY DO I NEED A PARENTING PLAN? Oregon law requires parents (married or

unmarried) to file a Parenting Plan (a document that states when the child(ren) will be with

each parent and how decisions will be made) with a request for a divorce or child custody

order. The purpose of this packet is to help you make your parenting plan.

WHAT SHOULD MY PARENTING PLAN LOOK LIKE? Your parenting plan may be either

general or detailed. In either case, the plan must at least state the time the child(ren) will

be with each parent and can also state who will do what parenting tasks. The form in this

packet is one example of how a parenting plan can look.

WHO CAN HELP ME MAKE A PARENTING PLAN? There are many places to find help.

! ON-LINE: The Oregon Judicial Department website,

www.ojd.state.or.us/familylaw has all sorts of help if you want to try on your own.

A full-length Basic Parenting Plan Guide and a Safety Focused Parenting

Plan Guide can be found there or you can ask at the place where you got this

packet if copies of these guides are available. Both guides include a long list of

books and other materials to help you with your parenting plan and with other

questions you might have. Both guides have a list of “Words to Know” to help

you understand the process better. The basic guide also has information on

child(ren)’s needs at different times and a list of questions to help you get started

on your parenting plan.

! LEGAL SERVICES: You can locate a private attorney through the Oregon State

Bar at (800) 452-8260 or www.osbar.org. Free or low-cost legal advice may be

available to you through non-profit agencies, volunteer programs, or the bar

association of your county. Check www.oregonlawhelp.org for a directory of

legal aid programs.

! PARENT EDUCATION: Another source of information may be your county’s

education program for parents going through a divorce or other child custody

proceeding.

! MEDIATION: A mediator may be able to help you and the other parent through

the process of creating a parenting plan. A mediator can help parents to find

ways to talk to each other about their child(ren). If you have safety concerns

about the other parent (see checklist on the next page), mediation may not be

appropriate. Family mediation services are available through your local court

and through private providers.

! THE COURT: If your court has a family law facilitator, that person may be able

to help you in completing the forms and can provide other referrals. If you and

the other parent cannot agree on a parenting plan, the court will order one.

Has the other parent:

% acted as though violent behavior toward you or your child(ren) is OK in

some situations?

% damaged or destroyed property or pets during an argument?

% threatened to commit suicide?

% pushed, slapped, kicked, punched or physically hurt you or your child(ren)?

% had problems with alcohol or other drugs?

% needed medication to be safe around others?

% threatened not to return or not returned your child(ren)?

% used weapons to threaten or hurt people?

% threatened to kill you, your child(ren) or anyone else?

% sexually abused anyone by force, threat of force or intimidation?

% been served a protection or no contact order?

% been arrested for harming or threatening to harm you or anyone else?

DO I NEED A SAFETY FOCUSED PARENTING PLAN? The list below can help you

decide.

If you answered yes to any of these questions, please continue to take your safety, and

your child(ren)’s safety, seriously. You may need to use a Safety Focused Parenting

Plan. To get a copy of the Safety Focused Parenting Plan Guide, ask your court

facilitator or go to the Oregon Judicial website at www.ojd.state.or.us/familylaw. Also,

contact your local domestic violence center for additional help. Call 888-235-5333 for a

referral in the State of Oregon and the Portland Metropolitan area.

Rev 6/03

Source: \Parenting Plans\PP PLAN PACKET\Version-1\HowTo UseYourParentingPacket-Ver01.6-23-03

Page 1 of 6 – BASIC PARENTING PLAN (PACKET) [Rev. 12/03] Exhibit 1

IMPORTANT NOTICE: The provisions of your Parenting Plan may have important legal consequences. You

should consult the complete BASIC PARENTING PLAN GUIDE FOR PARENTS available at

www.ojd.state.or.us/familylaw before filling out this form. You should consult an attorney before filing your

Parenting Plan.

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF _____________________

Petitioner

) CASE NO:

)

and ) PARENTING PLAN – Exhibit 1

) [ ] Proposed by _______________

Respondent

) (Petitioner/Respondent)

[ ] Co-Petitioner [ ] Agreed upon by both parents

1. INFORMATION ABOUT THE CHILD(REN)

Full Name Date of Birth Sex (circle one)

M / F

2. PARENTING TIME SCHEDULE

2.1 Weekday and Weekend Schedule.

For examples of possible parenting time schedules, see the section “What Will My Parenting Plan Look Like?”(page 12)

of the BASIC PARENTING PLAN GUIDE FOR PARENTS.

A. The child(ren) shall spend time with

on the following days and times:

(name of parent)

WEEKENDS: [ ] every [ ] every other [ ] other (specify)

from to

WEEKDAYS: Specify days

from to

OTHER: (specify)

B. The child(ren) shall spend time with :

(name of other parent)

(Choose one)

[ ] At all times not specified above, or

[ ] On the following days and times:

WEEKENDS: [ ] every [ ] every other [ ] other (specify)

from to

WEEKDAYS: Specify days

from to

Page 2 of 6 – BASIC PARENTING PLAN (PACKET) [Rev. 12/03] Exhibit 1

OTHER: (specify)

C. Check box if there is a different parenting time schedule for any child. Complete a separate Attachment for

each child for whom there is a different parenting time schedule. Label it Attachment 2.1(C).

[ ] There is a different parenting time schedule for the following child(ren) in Attachment 2.1(C):

, , and

(name of child) (name of child) (name of child)

2.2 Summer Schedule. (Choose one)

[ ] The summer schedule will remain the same as during the school year.

[ ] The summer schedule will remain the same as during the school year, except for the following vacation times:

___________________________________________________________________________________________

[ ] A. The child(ren) shall spend time with on the following days and times:

(name of parent)

WEEKENDS: [ ] every [ ] every other [ ] other (specify)

from to

WEEKDAYS: Specify days

from to

OTHER: (specify)

B. The child(ren) shall spend time with :

(name of other parent)

(Choose one)

[ ] At all times not specified above, or

[ ] On the following days and times:

WEEKENDS: [ ] every [ ] every other [ ] other (specify)

from to

WEEKDAYS: Specify days

from to

OTHER: (specify)

2.3 Holiday Schedule.

The following holiday schedule will take priority over the regular weekday, weekend, and summer schedules

described above. Fill in the blanks below with the parent’s name to indicate where the child(ren) will be for the

holidays. Provide beginning and ending times. If a holiday is not specified as even, odd, or every year with one

parent, then the child(ren) will remain with the parent they are normally scheduled to be with.

Page 3 of 6 – BASIC PARENTING PLAN (PACKET) [Rev. 12/03] Exhibit 1

Holidays Even Years Odd Years Every Year Beginning/Ending Times

Mother’s Day _________

_________ _________ ____________________________

Father’s Day _________ _________ _________ ____________________________

Thanksgiving _________ _________ _________

Christmas Eve _________ _________ _________ ____________________________

Christmas Day _________ _________ _________

Easter _________ _________ _________ ____________________________

Memorial Day Weekend _________ _________ _________ ____________________________

Fourth of July _________ _________ _________ ____________________________

Labor Day Weekend _________ _________ _________ ____________________________

Other:

___________________

_________ _________ _________ ____________________________

___________________ _________ _________ _________ ____________________________

This holiday schedule may affect your regular Parenting Time Schedule. You may wish to specify one or more of the

following options:

[ ] When parents are using an alternating weekend plan and the holiday schedule would result in one parent having

the child(ren) for three weekends in a row, the alternating weekend pattern will restart so neither parent will go

without having the child(ren) for more than two weekends in a row.

[ ] If a parent has our child(ren) on a weekend with an unspecified holiday or non-school day attached, they shall

have our child(ren) for the holiday or non-school day.

[ ] Other:______________________________________________________________________________________

___________________________________________________________________________________________

2.4 Winter Break.

[ ] Our child(ren) will spend half of Winter Break with each parent.

[ ] Other: Details for sharing time with our child(ren) during Winter Break (including New Year’s Day) are:

___________________________________________________________________________________________

2.5 Spring Break. (The weekday days of school Spring Break).

[ ] Our child(ren) will alternate spending spring break with each parent, spending it with

_____________ ______

in even years and with _______ ______ ____ in odd years.

(parent name) (parent name)

[ ] Our child(ren) will be in the care of each parent according to the schedule described in Section 2.1 above.

[ ] Our child(ren) will spend part of spring break with each parent (provide details):

2.6 Child(ren)’s Birthdays.

[ ] Our child(ren)’s birthdays will be planned so that both parents may participate in the birthday celebration.

[ ] Our child(ren) will be in the care of each parent according to the schedule described in Section 2.1 to 2.6 above.

[ ] Other:

Page 4 of 6 – BASIC PARENTING PLAN (PACKET) [Rev. 12/03] Exhibit 1

2.7 Temporary Changes to the Schedule.

Any schedule for sharing time with our child(ren) may be changed as long as both parents agree to the changes

ahead of time:

[ ] in writing; [ ] verbally (choose one)

Activities scheduled that will affect the other parent’s time must be coordinated with the other parent.

Makeup and Missed Parenting time: Only substantial medical reasons will be considered sufficient for post-

ponement of parenting time. If a child is ill and unable to spend time with a parent, a makeup parenting time will

be scheduled. If a parent fails to have the child(ren) during their scheduled parenting time for any other reason,

there will be no makeup of parenting time unless the parents agree otherwise:

[ ] in writing [ ] verbally (choose one)

2.8 Permanent Changes to the Schedule.

We understand that, once the judge signs the final judgment in our case and approves this Parenting Plan, any

changes that we do not agree on can be made only by applying to the court for a modification. One parent

cannot change a court-ordered Parenting Plan on their own.

Before applying to the court, we understand that we can agree to try to resolve our dispute through mediation or

other means (See Section 10).

2.9 Alternate Care. (See Instructions)

[ ] We choose not to specify ground rules for alternate care.

[ ] Alternate care for our child(ren) will be handled as follows:

___________________________________________________________________________________________

2.10 Primary Residence (Optional).

See definition of “primary residence” in the section “Words I Need to Know” (page 33) of the BASIC PARENTING PLAN

GUIDE FOR PARENTS.

[ ] ____________________

’s home shall be considered the “primary residence.”

(name of one parent)

[ ] Neither parent’s home shall be considered the “primary residence.”

3. DECISION MAKING:

3.1 Day-to-Day Decisions.

Each parent will make day-to-day decisions regarding the care and control of our child(ren) during the time they

are caring for our child(ren). This includes any emergency decisions affecting the health or safety of our child(ren).

3.2 Major Decisions (Joint or Sole Custody).

Major decisions include, but are not limited to, decisions about our child(ren)’s education, non-emergency healthcare

and religious training.

Choose one:

[ ] Both parents will share in the responsibility for making major decisions about our child(ren). This

arrangement is known by the courts as Joint Custody.

or

[ ] __________________

(Parent’s name) shall have sole decision-making authority on major decisions about

our child(ren). This arrangement is known by the courts as Sole Custody.

Page 5 of 6 – BASIC PARENTING PLAN (PACKET) [Rev. 12/03] Exhibit 1

The sole custody parent named above shall (optional):

[ ] Consult with the other parent prior to making major decisions

[ ] Have the option to consult with the other parent prior to making major decisions.

or

[ ] Other (Describe how major decisions will be handled):

____________________________________________________________________________________

__________________________________________________________________________________

4. INFORMATION SHARING. Unless there is a court order stating otherwise:

Both parents have equal rights to inspect and receive the child(ren)’s school records, and both parents are

encouraged to consult with school staff concerning the child(ren)’s welfare and education. Both parents are

encouraged to participate in and attend the child(ren)’s school events.

Both parents have equal rights to inspect and receive governmental agency and law enforcement records

concerning the child(ren).

Both parents have equal rights to consult with any person who may provide care or treatment for the child(ren) and

to inspect and receive the child(ren)’s medical, dental and psychological records.

Each parent has a continuing responsibility to provide a residential, mailing, or contact address and contact

telephone number to the other parent.

Each parent has a continuing responsibility to immediately notify the other parent of any emergency circumstances

or substantial changes in the health of the child, including the child’s medical needs.

5. FUTURE MOVES BY A PARENT. Unless there is a court order stating otherwise:

Neither parent may move to a residence more than 60 miles further distant from the other parent without giving

the other parent _____ days’ notice of the change of residence and providing a copy of such notice to the court.

6. PARENT-CHILD COMMUNICATION

[ ] Both parents and child(ren) shall have the right to communicate by telephone, in writing or by e-mailing during

reasonable hours without interference or monitoring by the other parent.

[ ] Procedures for telephone, written, or e-mail access (describe ground rules for parent-child communication).

___________________________________________________________________________________________

_________________________________________________________________________________________

7. EXCHANGE OF OUR CHILD(REN)

Both parents shall have the child(ren) ready on time with sufficient clothing packed and ready at the agreed-upon time

of exchange. All clothing that accompanied our child(ren) shall be returned to the other parent.

[ ] While both parents continue to reside in the same locale, both parents shall share equally in the responsibility of

exchanging our child(ren) from one parent to the other.

[ ] Other: (provide details for the exchange of the child(ren)):

__ _____________________________________________________________________

___________________________________________________________________________________________

Page 6 of 6 – BASIC PARENTING PLAN (PACKET) [Rev. 12/03] Exhibit 1

8. MUTUAL RESPECT

Parents will not say things or knowingly allow others to say things in the presence of our child(ren) that would take

away our child(ren)’s love and respect for the other parent.

9. OTHER TERMS

Add any other items regarding the child(ren) you would like to include in your Parenting Plan. Use additional sheets if

necessary.

______________________________________________________________________________________________

_____________________________________________________________________________________________ _

[ ] Additional sheets attached

10. DISPUTE RESOLUTION

We will first attempt to cooperatively resolve any disputes that may arise over the terms of this Parenting Plan. If that

attempt fails (choose one):

[ ] We will use mediation or other dispute resolution methods (specify):

As a last resort, the dispute shall be resolved through court action.

[ ] Mediation or other dispute resolution methods will not be required prior to filing a court action.

11. SIGNATURES

Your signature below indicates that you have read and agree with what has been decided and written in this

document.

Petitioner: [ ] Respondent [ ] Co-Petitioner

___________________________________

Signature Date Signature Date

Rev. 12/03

Source: \Parenting Plans\PP PLAN PACKET\Version3\PacketParentingPlanVer03-122303.wpd

Page 1 of 2

BASIC PARENTING PLAN

INSTRUCTIONS

Notice about these instructions:

These instructions are not a complete statement of the law and are not a substitute for the advice of

an attorney. These instructions cover basic procedure for parenting plans in uncomplicated divorce

or unmarried parent custody cases.

For more information, including resource and referral information, consult the Basic Parenting Plan

Guide for Parents and the Safety Focused Parenting Plan Guide. Both of these guides have

information about how to select a parenting plan that is best for you and your child(ren), and give

examples of parenting plans that you may wish to use. The guides also include information about

where to get basic legal information and how to find an attorney, and each guide contains a separate

resource list of books, videos, websites and services for children and adults going through divorce or

custody proceedings.

Begin:

1. Before you fill in any part of the Basic Parenting Plan, you should make a copy of the blank

form. Save this copy for use when you are ready to fill out a final version of the Basic Parenting

Plan to file with the Court.

2. At the top of the page, fill in the name of the county where you will be filing your Basic Parenting

Plan.

3. On the top left side of the page, fill in the names of the Petitioner and the Respondent on the lines

provided. If you have an existing court case, use the labels and names as they appear on the original

documents filed with the court. If you do not have an existing court case, then the person who starts

the court case is the Petitioner. Check the box marked ‘Co-Petitioner’ if the Petitioner and the

Respondent have agreed upon the terms of the parenting plan and you are filing together.

4. On the top right side of the page, enter your case number, if you have one. If the Parenting Plan

you are submitting is agreed upon by both parents, check the box that says ‘Agreed upon by both

parents.’ Otherwise, check the box that says ‘Proposed by_______’ and fill in the name of the

parent who is proposing the Parenting Plan.

Section:

1. Information About the Child(ren): In the first paragraph, write down the full legal name (do not use

nickname), date of birth, and sex (male or female) of each child of this relationship.

2 - 2.2 Parenting Time Schedule:

Explain when your child(ren) will be in the care of each parent.

Create a schedule for weekdays and for weekends. Also indicate whether this schedule will continue

during the summer, or if you will have a different schedule for the child(ren) during the summer

months.

2.3 - 2.6 Holiday Schedule:

Explain how the child(ren) will be spending time during holidays. Fill in the

blanks by writing the appropriate parent’s name to show where the child(ren) will be for the holidays.

Remember to write in beginning and ending times for pick up and drop off of the child(ren). You may

add other special occasions you celebrate below the printed list. Below the chart, provide details about

how time will be shared during Winter Break, Spring Break, and the child(ren)’s birthdays.

Check one or both of the boxes below the table if you would like either of the options described to

apply to your holiday parenting plan, or add your own.

Fillable Printable Basic Parenting Plan Packet for Parents - Oregon

Fillable Printable Basic Parenting Plan Packet for Parents - Oregon

Basic Parenting Plan Packet for Parents - Oregon