Fillable Printable Child Custody or Access Mediation Program Montgomery County Circuit Court - Maryland

Child Custody or Access Mediation Program Montgomery County Circuit Court - Maryland

Child Custody/Access Mediation Program

Montgomery County Circuit Court

50 Maryland Ave.

Rockville, MD 20850

240-777-9080

Case # _____________FL

Plaintiff’s name ________________________

Defendant’s name ________________________

Sample Parenting Agreement Language

We, Plaintiff_____________________, Mother/Father, and Defendant

_________________________, Mother/Father, have reached an agreement on

a parenting plan for our child(ren), whose name(s) and dates of birth are:

_____________________________________________________________

______________________________________________________________

We have developed this parenting agreement in good faith and in the best

interest of our child(ren).

We understand that this is a draft of our agreement. We agree that it cannot be

enforced by either of us until its provisions have been ordered by the Court.

A. Physical Custody and Access

Where Our Child(ren) Will Live and Spend Time

1. Physical Custody Options

Physical custody has not been decided at this time.

We agree to share physical custody of our child(ren) according to this

schedule:

(to be inserted as needed) _______________________________________

____________________________________________________________

We agree that for most of the time, our child(ren) will live with

_______________, except during the times described in the “Access

Schedule” section below.

2. Access Schedule

We agree that our child(ren) will be in the care of _______________ as follows:

Every other weekend. Beginning _______________ at ________ am/pm and

ending _______________ at _________ am/pm.

Weekdays.

_____________________________________________________________

______________________________________________________________

_____________________________________________________________

Additional Times. In addition, we agree that our child(ren) will be in the care of

_______________at these additional times during the year:

_____________________________________________________________

______________________________________________________________

_____________________________________________________________

3. Making Sure the Schedule Works Well For Our Child(ren)

• We agree to give each other at least 48 hours notice of any change in the

time we will pick up or return our child(ren). However, when an emergency or

other situation beyond the parent’s control occurs, we agree to contact the

other parent immediately.

• We agree to talk with each other directly about making any changes in our

child(ren)’s schedule. We will not ask our child(ren) to carry these messages

between us.

• We agree to make sure that our child(ren) are ready to go at the agreed-upon

times for pickup and return. We will be on time when picking up and returning

our child(ren) to the other parent, with a grace period of fifteen minutes before

and after these times. We will call ahead if we expect to arrive early or late.

• We will both be respectful of the other parent’s time with our child(ren). We

agree to make every effort not to schedule activities or appointments for our

child(ren) during the other parent’s scheduled times, without his/her

agreement in advance.

• When one of us knows in advance that we will not be able to take care of our

child(ren) for more than one day, we will offer the other parent the chance to

provide care during that time. We agree to make arrangements like this as far

in advance as possible.

• As much as possible, we agree to make sure that our child(ren)’s regular

activities can continue while in our care.

• We agree to support our child(ren)’s interests and activities, such as sports

practice and games, medical appointments, dancing and music lessons and

recitals, religious activities, school and extra-curricular activities, parties and

other social gatherings and club activities, as much as possible. We will both

try to attend these activities, whether or not they take place during our

scheduled time with our child(ren).

B. Legal Custody

Making Decisions In Our Child(ren)’s Best Interest

1. Legal Custody Options

Legal custody has not been decided at this time.

We agree to share legal custody (joint legal custody) of our child(ren). We

will discuss with each other and agree upon all major issues about our

child(ren)’s health, education, religion, and other important matters. When

we cannot agree, we will mediate.

We agree to share decision-making. However, if we are not able to reach a

decision together, the parent with physical custody will make the final

decision about our child(ren)’s health, education, religion, recreation and

other important matters.

We agree that _______________will have legal custody (sole legal

custody) of our child(ren). He/she will make final decisions about our

child(ren)’s health, education, religion, recreation and other important

matters. In addition, _______________agrees to discuss all important

matters concerning our child(ren) with the other parent on a regular basis.

2. Sharing Information and Decisions About Our Child(ren)

Daily Routines

We agree that each of us can make decisions about our child(ren)’s daily

routines when in our care, and we agree to inform the other parent about them.

Examples include treatment of minor health problems and injuries, diet, TV

watching, house rules, discipline, and bedtime.

Education and Daycare

School Records. School information should be sent to both parents. We agree

to share information about our child(ren)’s school and/or daycare reports and

activities with each other.

Emergency Contacts. Both of us should be kept on our child(ren)’s school or

daycare emergency contact list. Each of us may sign our child(ren) out of school

or daycare for emergencies, as long as we notify the other parent as soon as

possible.

Child(ren)care Coverage When a Child(ren) is Ill. If our child(ren) is too sick to

attend daycare or school, the parent with whom (he/she) wakes up will be

responsible for taking (him/her) to the doctor, if necessary, and providing care for

(him/her) until (he/she) is scheduled to be in the care of the other parent. If our

child(ren) becomes sick or hurt and must leave school or daycare, the parent

with whom our child(ren) will spend that night will pick (him/her) up and provide

care.

Extra-curricular Activities. We agree that neither of us will sign our child(ren)

up for any activity that conflicts with the other parent’s scheduled times, unless

the other parent has agreed to the change in advance. It is important to our

child(ren) to participate in extra-curricular activities, and we agree to cooperate

with each other to make sure this is possible.

Health Care Decisions

Emergency Medical Decisions. We agree that each of us may give permission

for emergency surgery or other necessary medical care for our child(ren), when

there is not enough time to contact the other parent. When this takes place, we

agree to notify the other parent as soon as possible from the hospital or

treatment facility. Both of us will follow the procedures required by our child(ren)’s

health insurance provider for obtaining emergency medical care.

Routine Medical Decisions. We both agree to follow the advice of our

child(ren)’s pediatrician or health care provider. We will both be allowed to see

and obtain copies of our child(ren)’s medical records. We agree to share

information about our child(ren)’s medical treatment and appointments. Each of

us will be provided with a copy of our child(ren)’s medical or insurance card.

Extraordinary Medical Decisions. We agree to share all extraordinary medical

decisions. Decisions to begin, continue, or end medical treatment if our child(ren)

is gravely ill or injured, will be made by us after discussion together. But if we are

not able to agree, the parent with sole legal custody will make the decision. Or, if

we share joint legal custody and cannot reach an agreement, we agree to

mediate.

C. Family Communications

1. Talking With Each Other

Sharing Contact Information. We agree to give each other our home, cell and

work phone numbers, as well as our home and email addresses. We will return

calls or messages from the other parent or from our child(ren) as soon as

possible. We both also agree to provide each other with the name, address and

phone number of any regular child(ren)care provider.

Scheduling Conversations. We agree to discuss important issues concerning

our child(ren) with each other on a regular basis. To make this easier, we may

set up a regular time to speak. This should be a time when we are both rested,

free from interruptions, and can be sure that our child(ren) will not overhear our

conversation.

Off-Limits Topics. We agree not to discuss our personal or financial situations

or any joint parenting decisions that have not yet been made in the presence or

within hearing range of our child(ren).

If There is a Problem. We agree that either of us may end the discussion when

the subject changes from issues involving our child(ren) or when we have a

disagreement that we cannot resolve.

2. Talking With Our Child(ren)

Encouraging Communication. We agree that our child(ren) will be able to call

either of us at any time. We will both encourage open communication between

our child(ren) and the other parent. Each of us will also encourage extended

family contacts, such as visits, letters and phone calls to and from grandparents

and other relatives.

Disciplining Our Child(ren). We agree that only our child(ren)’s parents may

discipline or punish our child(ren) for misbehavior.

If either of us disagrees with the discipline or punishment used by the other

parent, we agree to discuss the issue and to try to work out effective ways to

improve our child(ren)’s behavior. We understand that a mediator or child(ren)

therapist may be able to help us and our child(ren) if we are not able to agree

about this.

We agree NOT to:

• Give our child(ren) any messages, either spoken or in writing, to deliver to the

other parent.

• Ask our child(ren) to keep secrets from the other parent.

• Question our child(ren) about the other parent’s household or friends.

• Encourage our child(ren) to challenge the authority of the other parent, to

request a change of custody, or to resist spending scheduled time with the

other parent.

• Say anything, by word or gesture, that might reduce our child(ren)’s love,

respect or affection for the other parent, nor will we allow friends or relatives

to do so.

D. Holidays and Vacation Options

We understand that holidays may interrupt the regular parenting schedule. But

after each holiday, the schedule will continue from the point wher e it was

interrupted.

We agree to work out individualized holiday and vacation schedules.

We agree to decide together how to share time with our child(ren) on

holidays and other special days, always taking into account our child(ren)’s

best interests. We understand that this lack of a formal schedule could

cause some problems in the future, but we believe that this will work out

best for us, and we both agree to make every effort to make sure that it

does.

We agree to follow holiday and vacation schedules that have been

arranged and agreed to in advance. We agree to share holidays and

vacations (such as Spring Break, Independence Day, Thanksgiving,

Christmas, New Years, Winter Break, Mother’s Day, Father’s Day, birthdays,

and summer vacations) according to the following schedule:

• Alternating Schedule:

1. In even-numbered years, the Mother/Father ___________________

will provide care for our child(ren) from ___________ on the holidays until

________ on the holiday or until ___________ the following day. In odd

numbered years, the other parent will provide care on these holidays during

these times.

List the holidays that apply

_____________________________________________________________

______________________________________________________________

_____________________________________________________________

2. In each even-numbered year, the Mother/Father ___________________

will provide care for our child(ren) from ___________ on the holidays until

________ on the holiday or until ___________ the following day. In odd

numbered years, the other parent will provide care on these holidays during

these times.

List the holidays that apply

_____________________________________________________________

______________________________________________________________

_____________________________________________________________

• Split Schedule:

1. During these holidays, _______________ will provide care for our

child(ren) from _______________on _______________until

_______________on _______________ and the Mother/father

_______________will provide care for our child(ren) from

_______________on _______________until _______________on

_______________.

List the holidays that apply

_____________________________________________________________

______________________________________________________________

_____________________________________________________________

• Alternating and Split Schedule:

We have worked out a schedule for sharing these holidays and alternating each

year which parent provides care in the early part and who provides care in the

latter part.

List the holidays and exchange times that apply

_____________________________________________________________

______________________________________________________________

_____________________________________________________________

• Every Year:

We have worked out a schedule for one parent to provide care during the

following holidays every year, at the times listed.

List the holidays and exchange times that apply

_____________________________________________________________

______________________________________________________________

Other Holiday and Vacation Options

Spring Break. In years ending with an even number, our child(ren) will

spend the half of spring break encompassing Easter Day with

_______________and the other half with _______________ In the years

ending with an odd number, our child(ren) will spend this time with

_______________ .

Independence Day. In years ending with an even number, our child(ren) will

be in the care of _______________on Independence Day, beginning at

_______________and ending at _______________ In years ending with an

odd number, our child(ren) will spend this time with _______________

Thanksgiving. In years ending with an even number, our child(ren) will be

in the care of _______________ beginning at _______________and ending

at _______________ In years ending with an odd number, our child(ren) will

spend this time with _______________

Christmas. In years ending with an even number, our child(ren) will be in

the care of _______________ beginning December 24 at

_______________until Christmas Day at _______________ Our child(ren)

will then be in the care of _______________until _______________ In

years ending with an odd number, our child(ren) will spend this time with

_______________

New Year’s. In years ending with an even number, our child(ren) will be in

the care of _______________ beginning December 31 at

_______________until New Year’s Day at _______________ Our child(ren)

will then be in the care of _______________until _______________ In

years ending with an odd number, our child(ren) will spend this time with

_______________

Winter Break. In years ending with an even number, our child(ren) will

spend the first half of winter break with _______________and the second

half of winter break with _______________ In years ending with an odd

number, our child(ren) will spend this time with _______________

Other Legal Holidays (such as MLK Day, Memorial Day , Labor Day, and

other school, national, or religious holidays)

In years ending with an even number, our child(ren) will be in the care of

_______________ beginning at _______________and ending at

_______________ In years ending with an odd number, our child(ren) will

spend this time with _______________

Mother’s Day

Our child(ren) will be in the mother’s care every year on Mother’s Day from

10 am until 6 pm.

Father’s Day. Our child(ren) will be in the father’s care every year on

Father’s Day from 10 am until 6 pm.

Mother’s Birthday. Our child(ren) will be in the mother’s care every year on

the mother’s birthday for a period of 2 hours.

Father’s Birthday. Our child(ren) will be in the father’s care every year on

the father’s birthday for a period of 2 hours.

Child(ren)’s Birthday. Our child(ren)’s birthdays will follow the regular

parenting schedule. They will be celebrated with each parent at a time when

our child(ren) are in that parent’s care, or with both us at an agreed time and

place. On our child(ren)’s actual birthday, the parent in whose home our

child(ren) are NOT staying on that day may spend some time with our

child(ren). The specific arrangements for this will be agreed upon by both of

us two weeks before our child(ren)’s birthday.

Vacations

We agree that each of us may have our child(ren) in our care for up to

_______________(consecutive/non-consecutive) weeks of uninterrupted

vacation time each (summer/year), according to these arrangements:

• We agree to begin together to work out our child(ren)’s summer and vacation

plans, including camps and other activities, no later than _______________

• We will make final decisions ab out these plans no later than

_______________

• We will provide each other with travel plans (dates and times, carriers, hotels,

and phone numbers) as soon as they become known to the traveling parent.

• The traveling parent will telephone or will have our child(ren) phone the other

parent the day of arrival, as well as other times throughout the vacation.

Additional Vacation Arrangements

If we are not able to agree on the vacation schedule, we agree that the following

rules will apply:

The Mother/Father _______________________ may have first choice for the

weeks for vacation with the child(ren) in even number years by giving the other

notice by ___________________, and the other parent may have the priority in

odd numbered years by giving this notice.

Other arrangements _____________________________________________

______________________________________________________________

E. Moving Outside the Area

If one of us is thinking about moving far enough away that our current parenting

schedule would be difficult or impossible to maintain, that parent will notify the

other parent well in advance, but at least 45 days before the move is expected to

take place.

We agree to consider changing our parenting agreement, so that each of us may

continue spending time with our child(ren) and participating in parenting

decisions.

We agree that any new parenting schedule will support and maintain our

relationships with our child(ren), and so we agree to use a trusted person, family

counselor or mediator to help us to change our parenting agreement to meet our

new needs.

F. Follow-up Mediation Help

If, within one year of the date of our child(ren) custody/access order, a dispute

arises concerning your parenting issues, we may attend a follow-up mediation

through the Court’s Custody/Access Mediation Program, under these conditions:

• Both of us are willing to mediate.

• There is a mediator available.

• Follow-up mediation was discussed in our original mediation sessions and

included in our court-ordered parenting plan.

If these conditions are met, we understand that we may attend mediation

conducted and scheduled by a Court mediator at no charge. We understand that

the availability of follow-up mediation is in the sole discretion of the Lead Chief

Custody/Access Mediator.

__________________________________________ _____________________

Plaintiff Date

__________________________________________ _____________________

Defendant Date