Parenting Plan Model - North Dakota - Edit, Fill, Sign Online

NORTH DAKOTA PARENTING PLAN [MODEL]

INTRODUCTION

North Dakota law requires parents to create their own parenting plan that will direct them

in their efforts to maintain a parent-child relationship beneficial to the child. This

information is offered to assist parents as they live apart and to promote the best interests

and welfare of their children. A powerful cause of stress, suffering, and maladjustment in

children of separated parents is not simply separation itself, but continuing conflict

between parents, before, during, and after their separation, whether through divorce,

separation, or as unmarried parents.

Co-parenting after separation presents many challenges. It is not easy to put your

children’s needs ahead of your own often intense feelings and fears. When parental

maturity, personality, and communication skills are adequate, the ideal arrangement is

reasonable parenting time with the other parent on reasonable notice, since that provides

the greatest flexibility. A good arrangement is a detailed parenting plan made by the

parents to fit their particular needs and, more importantly, the needs of the individual

child. If the parents are unable to agree, this model can be useful, unless a different

parenting plan is court ordered. For most parents, this model should be considered as

only a minimum direction for interaction with the children.

PARENTING TIPS referring to these parenting tips from time to time may help you

master successful co-parenting.

Parents should always speak positively about one another and should firmly encourage

such conduct by relatives or friends. Each parent should encourage the children to respect

the other parent. Children should never be used by one parent to spy or report on the

other. The basic rules of conduct and discipline should be respected so that the children

receive consistent messages about appropriate behavior.

Children benefit from continued contact with all important people in their lives for whom

they have an established healthy bond. Such relationships should be protected and

encouraged, and all should speak positively of both parents in front of the children.

Parents should have their children maintain ties with both the maternal and paternal

relatives. Usually the children will visit with the paternal relatives during times the

children are with their father and with the maternal relatives during times they are with

their mother.

Neither parenting time nor child support is to be withheld because of either parent's

failure to comply with a court order. Only the Court may enter sanctions for non-

compliance. Children have a right both to support and to parenting time, neither of which

is dependent upon the other. In other words, unpaid support does not mean no parenting

time, and no parenting time does not mean you don’t pay your support. For a violation of

a support order, the remedy is to apply to the court for appropriate sanctions.

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Children benefit when parents:

 Communicate with each other in a courteous manner.

 Are on time and have children ready at exchange time.

 Avoid any communication that may lead to conflict at exchange time.

 Encourage the children to carry “important” items such as clothing, toys, and

security blankets with them between the parent’s homes.

 Follow reasonably similar routines for mealtime, bedtime and homework time,

while respecting each parent’s right to have some different routines in their own

homes.

 Communicate about rules and discipline in order to handle them in similar ways.

 Support contact with grandparents and other extended family so the children do

not experience a sense of loss.

 Are flexible in developing the parenting plans to accommodate their child’s

extracurricular activities and special family celebrations.

 Make time to spend alone with their children when the parent has a new partner.

 Are with their children during scheduled times and communicate with their

children when they cannot be with them.

 Respect the other parent’s scheduled times with the children and do not schedule

plans that will conflict.

 Discuss any proposed schedule changes directly with the other parent.

 Provide an itinerary of travel dates, destination and places where the child or

parent can be reached when on vacation.

 Support the child’s relationship with the other parent and trust the other’s

parenting skills.

 Assure the children that they did not cause the divorce or separation and that they

do not have the power to reverse the process.

 Encourage the children in maintaining and establishing relationships with

important people in the other parent’s life, including a new partner, and/or new

(step) siblings.

Children are harmed when parents:

 Encourage children to choose between them.

 Make promises they do not keep.

 Criticize the other parent to the child or in the child’s range of hearing.

 Discuss their personal problems with the child or in the child’s range of hearing.

 Use the child as a messenger or negotiator or seek information about the other

parent from the child.

 Withhold access to the child for any reason unless there are safety concerns.

 Involve the child in the court process or share legal information.

 Introduce a new partner without adequate preparation. Remember that children

need time to grieve the loss of family as they knew it and may not be ready to

accept a new partner.

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Domestic Violence:

A high percentage of divorces include domestic violence on some level. Often the parties

themselves do not identify the negative aspects of their relationship as abuse. That makes

it difficult for a court to determine what is in the best interest of the children when

domestic violence is a factor. By law, the court must take domestic violence into

consideration when mapping out parental rights and responsibilities.

In trying to figure all of this out, always holding the best interests of the child as its

highest priority, the court will look for believable evidence that domestic violence has

occurred. If someone suffered serious bodily injury, or was threatened with a gun, or if

there was a fairly recent pattern of repeated abuse, the court will assume that the parent

who behaved in these ways is not the best caretaker. As a result, the court will more than

likely decide that the child should live with the non-abusive parent. In the law it is called

“residential responsibility.”

Sometimes this arrangement just can’t work and protect everyone. In those cases the

court may look for a third party who can protect the child and stay neutral in parental

conflicts. The court’s first choice of a third party will most often be a suitable adult

relative.

It is important to note that if the abused parent has had to seek help or treatment because

of the abuse that in itself will not disqualify the parent as a caretaker with “residential

responsibility” as long as the child will be safe and well cared for with him or her.

A. DEFINITIONS

"Decision making responsibility" means the responsibility to make decisions concerning

the child. The term may refer to decisions on all issues or on specified issues, but not

child support issues.

"Parental rights and responsibilities" means all rights and responsibilities a parent has

concerning the parent's child.

"Parenting plan" means a written plan describing each parent's rights and responsibilities.

"Parenting schedule" means the schedule of when the child is in the care of each parent.

"Parenting time" means the time when the child is to be in the care of a parent.

"Primary residential responsibility" means a parent with more than fifty percent of the

residential responsibility.

"Residential responsibility" means a parent's responsibility to provide a home for the

child.

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B. PARENTING PLAN

(Instructions for Completion: This form is designed to help parents in discussing

and deciding how to address parenting issues. Parents are encouraged to tailor a

plan to fit the needs of their children. Please note that some sections may not apply.

Please check the boxes that apply or fill in the appropriate blanks. In the event that

there is a conflict between a specific written statement by the parents, and a

generalized checkbox chosen by the parents, the written statement will have

priority. Feel free to attach additional worksheets to this document.)

To encourage the positive development of our children, we, as parents agree on the

following parenting plan and believe that it is the most conducive to frequent and

meaningful contact for the children with both parents. This plan is intended to protect

the children’s best interests, clarify parental authority and responsibility, reduce parental

conflict, and help prevent the necessity of future court action.

I. PARTIES

A. Children:

Name or Initials Birth Year State of Residence for

Last 6 months

________________________

Special needs of children: special medical needs/ physical disability requires parental

time / emotional disability / mental disability:

________________________________________________________________________

B. Parents:

Employer Phone No. Residential

Address

Mother: _______________________

_______________________

____________ _______________________

Father: ________________________

________________________

____________ ________________________

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II. GENERAL PROVISIONS

A. Records. Both parents may have access to the children’s medical, dental, and

school records. Each parent must communicate with the other parent with regard

to grade reports, extra curricular activities, and any other notices from the

daycare, the school and related entities concerning the children. The children’s

daycare and school(s) must be notified of the split households and advised to send

copies of the children’s school documents, notices and related information to each

parent. Both parents retain the right and shall notify and authorize the daycare,

the school, and the children's doctors and other professionals to communicate

directly with and outside the presence of the other parent. Each parent shall be

listed as the children’s parent and as an emergency contact with the daycare, the

school, and all health professionals unless directed by court order to the contrary.

Each parent shall immediately notify the other of any medical emergencies or

serious illnesses of the children. If the child is taking medications, the parents

shall communicate regarding instructions, dosage, and related information.

The parent who has medical insurance coverage on the children shall supply to

the other parent an insurance card and, as applicable, insurance forms and a list of

insurer-approved or HMO-qualified health care providers in the area where the

other parent is residing.

B. Communication Between Parents. The parents shall communicate only in

positive ways. The parents shall not make and shall not allow others to make

derogatory remarks about the other parent in the child’s presence.

We believe the most positive way to communicate is by:

a. ____________________________________________________________

or

b. ____________________________________________________________

or

c. ____________________________________________________________

(Options may include telephone, e-mail, text, exchange of notebook, or face to

face communication at a pre-arranged time. Parents each know how they

communicate best, and the best option for the parties can be detailed by them.)

Parents should always keep each other advised of their address, telephone

numbers, and emergency contact information.

C. Restrictions on Contact with the Children: Until further order of the Court, the

child’s time with mother/father will be subject to the following conditions:

__________________________________________________________________

(Example, “not using alcohol”, or supervised)

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D. Timeliness: If a parent is more than __________minutes late to pick the children

up for a visit, that visit will be canceled, or:

__________________________________________________________________

E. Children’s Clothing/Personal Items: (Check any or all that apply).

□ Each parent shall supply the appropriate children’s clothing with them for

their scheduled time with the other parent, OR

□ Each parent shall supply appropriate clothing for the children to remain at that

parent’s home during parenting time, OR

□ ______________________________________________________________.

□ These clothes are to be considered the children’s clothes and shall be returned

clean (when reasonably possible) with the minor children by the other parent.

□ The child shall leave personal items at each parent’s home and shall not

remove those items from that home.

□ The child shall take personal items between each parent’s home, and it is the

responsibility of each parent to ensure that the personal items remain with the

child.

□ ______________________________________________________________

□ Both parents shall advise, as far in advance as possible, of any special

activities so that the appropriate clothing belonging to the children may be

sent.

□ In the winter, or cold months of the year, the children are required to have

adequate boots, gloves, hats, and jackets to be provided by both parents.

□ In the winter, or cold months of the year, each parent shall ensure that the

children have appropriate winter clothing to wear, regardless of parenting

time.

F. Neither parent will permit the child to be subjected to: (Complete blanks or

check all that apply—suggested topics: alcohol, drugs, smoking environment,

profane language, sexual content, violence.)

□ _________________________________________________________

□ Temporary Removal of the child from the state, except as agreed by the

parties or authorized by the Court.

□ Violations of these provisions may subject the offender to court sanctions, or,

if continuous and serious, may result in modification of the parenting plan.

□ We agree that violations of these terms will result in

________________________________ (e.g. cancellation of the parenting

time, modification of the parenting plan).

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G. Transportation and Exchange Arrangements. Transportation and exchange

arrangements for the children between parents will be as follows: (Check any and

all that apply.)

□ When we live in the same community, the responsibility of picking up and

returning the children should be shared with pickup at__________________

and drop off at _____________.

□ Pick up at ___________________

□ Drop off at __________________

□ Alternative Pick up/Drop off at _________________

□ A parent may not enter the residence of the other parent, except by express

invitation by that parent, regardless of whether a visiting parent retains a

property interest in the residence.

□ The children shall be picked up and returned to the front entrance of the

appropriate residence.

□ The parent dropping off the children should not leave the premises until the

children are safely inside.

□ Parents should refrain from surprise visits to the other parent's home.

□ A parent's time with the children is his or her own, and the children's time

with that parent is equally private.

□ Any change in pick up or drop off location will be determined by:

_______________________________________________________________

□ The person picking up or returning the children during times of parenting time

has an obligation to be punctual, arriving at the agreed time and place, not

substantially earlier or later.

□ Other:_________________________________________________________

_______________________________________________________________

H. Communication – Communication between parents and children shall be

liberally permitted at reasonable hours and at the expense of parent initiating

contact. The children may, of course, communicate with either parent though at

reasonable hours and frequencies and at the cost of the parent contacted, if there is

a cost. During long vacations the parent with whom the child is on vacation

should make the child available for contact ____________________________.

(for example, daily, once every 3 days). At all other times, the parent with whom

the child is staying shall not refuse to allow contact or take any action in order to

deny the other parent contact. Each parent should facilitate the communication

between the child and the other parent. (Check any and all that apply.)

□ Parents may agree on a specified time for communication to the children so

that the children will be made available.

□ A parent may wish to provide a child with a telephone calling card or cell

phone or computer to facilitate communication with that parent.

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□ Each parent has an unrestricted right to send cards, letters, packages, and

audio and video cassettes or CDs.

□ Children also have the same right to send items to their parents.

□ Neither parent should interfere with any of the above mentioned rights.

□ A parent may wish to provide a child with self-addressed stamped envelopes

for the child’s use in corresponding with that parent.

□ If the child and the parent have internet capability, communication through e-

mail should be fostered and encouraged but with consideration for the number

of e-mails and the amount of time spent on the computer.

□ Other:_________________________________________________________

_______________________________________________________________

I. Exchanging Information. Both parents shall notify the other parent in writing of

any change in residence, telephone numbers, names and addresses of employers,

changes in health insurance coverage for the children, and changes in health

insurance available through employer which could cover the children.

J. Changes to Parenting Plan. As parents we recognize that the parenting plan

imposes specific requirements and responsibilities; however, when family

necessities, illnesses, or commitments reasonably so require, we will modify the

parenting plan fairly. The parent requesting modification shall act in good faith

and give as much notice as circumstances permit. If we cannot agree, we will

look to the dispute resolution provisions in this document, or bring the matter to a

parenting coordinator. We also anticipate that at some point circumstances may

fundamentally change, and agree that we will review the parenting plan upon the

following events: (Check any and all that apply.)

□ the oldest child reaches age _____

□ if either parent intends to move more than ___ miles from his or her current

residence

□ in two years

□ after recommendation of the parenting coordinator

□ after recommendation of a professional (i.e. doctor, therapist, pastor)

□ after arrest or criminal activity by one or both parties

□ upon verified chemical abuse /relapse

□ upon an agency or Court finding of child abuse or neglect by one or both

parties

□ upon a court finding of domestic violence by one or both parties

□ Prolonged lack of contact with the child

□ Other:

_______________________________________________________________

□ The parents may change this plan by agreement, but all changes must be in

writing, signed, and dated by both parents.

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III. RESIDENTIAL RESPONSIBILITY AND PARENTING SCHEDULE

These provisions set forth where the children will reside and what contact the children

will have with each parent. As parents, we recognize that the children benefit from

ongoing and frequent contact with both of us. Thus, if events beyond our control such as

illness or family emergencies, prevent parenting time from occurring; we agree it is in

our children’s best interest to arrive at a mutually agreeable substituted parenting time, as

quickly as feasible. We also recognize that there will be times that substituted parenting

time will not be possible due to the children’s schedules, or our own. We agree to follow

our dispute resolution plan in resolving any conflict which may arise.

A. Residential Responsibility. We agree residential responsibility for our children

shall be (check one):

□ Shared equally between the mother and the father.

□ Primary residential responsibility shall be with the father.

□ Primary residential responsibility shall be with the mother.

□ _______________________________________________________________

_______________________________________________________________

B. The legal residence of our children for school attendance shall be (check one):

□ The mother’s place of residence.

□ The father’s place of residence.

□ _______________________________________________________________

_______________________________________________________________

C. Parenting Time Schedule: We intend the following schedule to be the ongoing

consistent parenting time schedule for the children. We also recognize that there

will be times when the schedule requires adaptation for the best interest of the

children. We intend the following schedule to be an attempt at consistency and

stability for the children: (Please fill in the following 4 week schedule with as

much specificity as possible, including pick up times.

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Sunday

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Mom:

Dad:

Mom:

Dad:

Mom:

Dad:

Mom:

Dad:

Mom:

Dad:

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Dad:

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Dad:

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Mom:

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Mom:

Dad:

Mom:

Dad:

Mom:

Dad:

Mom:

Dad:

Mom:

Dad:

Mom:

Dad:

Mom:

Dad:

Mom:

Dad:

Mom:

Dad:

Mom:

Dad:

Mom:

Dad:

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Dad:

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Dad:

Mom:

Dad:

Mom:

Dad:

Mom:

Dad:

Additional Detail for Parenting Time Schedule:

__________________________________________________________________

D. Alternate Schedules. The above schedule will be the default “normal” schedule

except as outlined below, or as modified by mutual agreement. The alternate

schedules will be as follows:

□ Summer time: Summer time is defined as: (Examples include “According to

the public school calendar”; “From June 1-August 15”; or some other

arrangement. Please define.)

__________________________________________________________________

The summer time alternate schedule will be:

__________________________________________________________________

_________________________________________________________________.

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□ School Release Days: School Release Days are defined as: (Examples include

“Days as defined by the public school calendar”; “non-holiday school breaks”,

or some other arrangement, please define.)

The school release days alternate schedule will be:

__________________________________________________________________

Additional changes to normal parenting time schedule will be:

__________________________________________________________________

_________________________________________________________________

□ Summer time/school release days with the other parent takes precedence over

summer activities (such as sports), when the parenting time cannot be

reasonably scheduled around such events.

□ Vacation with Parents. Each parent shall have vacation with the child as

follows: (Examples may include: two consecutive weeks in the summer time;

two non-consecutive weeks at any time; to be scheduled during normal

parenting time; only upon 30 days written notice; etc.).

__________________________________________________________________

Fillable Printable Parenting Plan Model - North Dakota

Fillable Printable Parenting Plan Model - North Dakota

Parenting Plan Model - North Dakota