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Fillable Printable Proposed Parenting Plan - Texas

Fillable Printable Proposed Parenting Plan - Texas

Proposed Parenting Plan - Texas

Proposed Parenting Plan - Texas

CAUSE NO. D-1-FM-__________________
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
_______________________________ §
PETITIONER §
AND §
_______________________________ §
RESPONDENT § _____JUDICIAL DISTRICT
AND IN THE INTEREST OF §
_______________________________ §
_______________________________ §
_______________________________ §
CHILD/REN § TRAVIS COUNTY, TEXAS
PARENTING PLAN
Sections 153.602 and 153.603, Texas Family Code
(Check One)
Agreed by Both Parents for Temporary Orders
Proposed by Mother for Temporary Orders
Proposed by Father for Temporary Orders
Agreed by Both Parents for Final Judgment
Proposed by Mother for Final Judgment
Proposed by Father for Final Judgment
PARENTS
(Fill in all lines)
Mother’s name:
Mother’s address:
Mother’s phone number:
Mother’s e-mail address:
Father’s name:
Father’s address:
Father’s phone number:
Father’s e-mail address:
Page 1 of 19
ATTORNEYS
(Fill in all lines)
Mother’s attorney’s name:
Mother’s attorney’s address:
Mother’s attorney’s phone number:
Mother’s attorney’s fax number:
Mother’s attorney’s bar card number
Father’s attorney’s name:
Father’s attorney’s address:
Father’s attorney’s phone number:
Father’s attorney’s fax number:
Father’s attorney’s bar card number
Amicus attorney’s name:
Amicus attorney’s address:
Amicus attorney’s phone number:
Amicus attorney’s fax number:
Amicus attorney’s bar card number
CHILDREN
(List starting with oldest child and ending with youngest child)
Name Date of Birth Home State
1
2
3
4
5
6
Page 2 of 19
(Attach another page for additional
children)
CONSERVATORSHIP
(Check one)
Mother and Father are appointed Joint Managing Conservators
OR
_______________(Specify Mother or Father) is appointed Sole Managing
Conservator and _______________(Specify Mother or Father) is appointed Possessory
Conservator.
AT ALL TIMES, Mother and Father shall each have the following rights (Sections
153.073, Texas Family Code):
1. The right to receive information from any other conservator of the child/ren
concerning the health, education, and welfare of the child/ren.
2. The right to confer with the other parent to the extent possible before making a
decision concerning the health, education and welfare of the child/ren.
3. The right of access to medical, dental, psychological, and educational records of the
child/ren.
4. The right to consult with a physician, dentist, or psychologist of the child/ren.
5. The right to consult with school officials concerning the child/ren’s welfare and
educational status, including school activities.
6. The right to attend school activities.
7. The right to be designated on the child/ren’s records as a person to be notified in case
of an emergency.
8. The right to consent to medical, dental, and surgical treatment during an emergency
involving an immediate danger to the health and safety of the child/ren.
9. The right to manage the estates of the child/ren to the extent the estates have been
created by the parent or the parent’s family.
AT ALL TIMES, Mother and Father shall each have the following duties (Section
153.076, Texas Family Code)
1. The duty to inform the other conservator of the child/ren in a timely manner of
significant information concerning the health, education, and welfare of the child/ren.
2. The duty to inform the other conservator of the child/ren if the conservator resides
with for at least 30 days, marries, or intends to marry a person who the conservator
knows (1) is registered as a sex offender under Chapter 62, Code of Criminal
Procedure, or (2) is currently charged with an offense for which on conviction the
person would be required to register under that chapter. The notice required to be
made must me made as soon as practicable but not later than the 40
th
day after the
date the conservator of the child/ren begins to reside with the person or the 10
th
day
after the date the marriage occurs, as appropriate. The notice must include a
description of the offense that is the basis of the person’s requirement to register as a
Page 3 of 19
sex offender or of the offense with which the person is charged. A conservator
commits an offense if the conservator fails to provide notice in the manner required.
DURING THEIR RESPECTIVE PARENTING TIME S Mother and Father shall have the
following rights and duties (Section 153.074, Texas Family Code):
1. The duty of care, control, protection, and reasonable discipline of the child/ren
2. The duty to support the child/ren, including providing the child/ren with clothing,
food, shelter, and medical and dental care not involving an invasive procedure.
3. The right to consent for the child to medical and dental care not involving an invasive
procedure.
4. The right to direct the moral and religious training of the child.
The parent who has the right to designate the primary residence of the children shall
(Check one)
maintain the child/ren’s primary residence within Travis County
maintain the child/ren’s primary residence within Travis County or any
county contiguous to it
maintain the child/ren’s primary residence within the following
geographic area ______________________________________________
maintain the child/ren’s primary residence within _______ miles of
____________________________________________________________
have the right to designate the child/ren’s primary residence without
regard or restriction to geographic location
MOTHER AND FATHER SHALL SHARE THE FOLLOWING RIGHTS AND
DUTIES, enumerated in Section 153.132, Texas Family Code, in the manner indicated
below (Check as applicable for each right)
Mother
Exclusively
Father
Exclusively
By Joint
Agreement
Of Both
Parents
Independently
Exercised By
Each Parent
No
No
The right to designate the
primary residence of the
child/ren
No
No
The right to receive and give
receipt for periodic payments
for the support of the child/ren
and to hold or disburse these
funds for the benefit of the
child/ren
The right to consent to medical,
dental and surgical treatment of
Page 4 of 19
the child/ren involving invasive
procedures
The right to consent to
psychiatric and psychological
treatment of the child/ren
The right to represent the
child/ren in legal action and to
make other decisions of
substantial legal significance
concerning the child/ren
The right to consent to
marriage and to enlistment in
the armed forces of the United
States
The right to make decisions
concerning the child/ren’s
education
The right to the services and
earnings of the child/ren
Except when a guardian of the
child/ren’s estate or a guardian
or attorney ad litem has been
appointed for the child/ren, the
right to act as an agent of the
child/ren in relation to the
child/ren’s estate if the
child/ren’s action is required by
a state, the United States or a
foreign government
The duty to manage the estates
of the child/ren to the extend
the estates have been created
by community property or the
joint property of the parents
Page 5 of 19
CHILD SUPPORT
__________________ (Specify Mother or Father) shall pay child support to
__________________ (Specify Mother or Father)
(Check one below)
Monthly $___________ each month beginning _______________________
and continuing on the _____________day of each month thereafter
Semi-monthly $___________ two times each month beginning ______________
____________________and continuing on the _____________and
____________ days of each month thereafter
Every two weeks $____________ every two weeks beginning __________________
and continuing on the alternate ________________ thereafter
Weekly $ ____________ every week beginning _____________________
and continuing each ____________________ thereafter
All child support payments shall be paid through the Texas Child Support State
Disbursement Unit, P. O. Box 659791, San Antonio, Texas 78265-9791.
The party entitled to receive the support shall establish an account at the Travis County
Domestic Relations Office, P. O. Box 1495, Austin, Texas 78767 (Location: 1010
Lavaca St, Austin, Texas).
Income withholding order
(check one) will be signed by court and served on employer
will be signed by court but will not be serv ed on
employer unless child support payments are delinquent
To be reduced as follows: (Complete as applicable)
$___________ when any one child is no longer eligible to receive child support
$___________ when any two children are no longer eligible to receive child support
$___________ when any three children are no longer eligible to receive child support
$___________ when any four children are no longer eligible to receive child support
$___________ when any five children are no longer eligible to receive child support
$___________ when any six children are no longer eligible to receive child support
(Attach another page for additional reductions)
HEALTH INSURANCE AND EXPENSES
____________ (Specify Mother or Father) shall provide health insurance for
the child/ren (Check one)
Page 6 of 19
by carrying health insurance on the child/ren through his/her own employment; if
health insurance is not available through his/her own employment, then by reimbursing
the other party for health insurance available through the other party’s employment; if
health insurance is not available through either party’s employment, then by obtaining
private health insurance; if he/she fails to meet this obligation, then the other party may
obtain health insurance for the child/ren and shall have the right to be reimbursed by the
party responsible for providing medical insurance
OR
by reimbursing the other party for carrying health insurance on the child/ren
Uninsured medical expenses to be paid as follows:
If the health-care expenses are incurred by using a HMO or PPO plan, or in an
emergency, or with the written agreement of the other party,
________% by the party providing the insurance
________% by the other party
Except in an emergency or if the other party agreed in writing, if a party incurs health-
care expenses for the child by using the services of health-care providers not employed
by the HMO or approved by the PPO:
________% by the party incurring the services
________% by the other party
If a party provides health insurance for the child through an HMO or a PPO that does not
provide coverage for the child where the child resides or have network providers in the
area where the child resides:
________% by the party providing the insurance
________% by the other party
If the child is enrolled in a health-care plan that is not an HMO or a PPO:
________% by the party providing the insurance
________% by the other party
PARENTING TIME WITH CHILDREN (INCORPORATING STANDARD
POSSESSION ORDER IN SECTIONS 153.311 – 153.317, TEXAS FAMILY CODE,
AND ALLOWING FOR VARIATIONS)
“Party A” is the parent who has the exclusive right to designate the child/ren’s res idence,
in this case the (Check one)
Mother
Father.
“Party B” is the other parent.
“School” means the primary or secondary school in which the child is enrolled, or, if the
child is not enrolled in a primary or secondary school, the public school district in which
the child primarily resides.
Page 7 of 19
At the beginning of each period of Party B's possession, Party B shall pick up the
child/ren
at the residence of Party A
at the residence of Party B
at the following location: ________________________________
If a period of possession begins at the time the child/ren's school is regularly dismissed,
Party B shall pick up the child/ren
at the child/ren’s school
at the location where the school bus takes the child/ren
at the following after-school care location: ____________________________
Or, if school is not in session on that day, at the following location:
______________________________________________________________________
If the child/ren will not be in school on that day, Party A shall notify Party B in advanc e.
At the end of each period of Party B's possession, Party B shall return the child/ren to
Party A (Check one)
at the residence of Party A
at the residence of Party B
at the following location: ________________________________
If Party A and Party B live in the same county at the time a decree is
entered and party B remains in the county but Party A moves out of the
county, then beginning on the date Party A moves, Party B shall return the
child/ren
at the residence of Party A
at the residence of Party B
at the following location________________________________
If a period of possession ends at the time the child/ren's school resumes, Party B shall
deliver the child/ren
to school in time for the beginning of the child/ren’s school day
to Party A’s residence at following time: ___________________
Or, if school is not in session on that day, to the following location
________________________________________________________________________
at the following time _________________________
If the child/ren will not be delivered to school on that day, Party B shall inform Party A
that the child will not be delivered to school and the reason.
If a child brings personal effects from one party’s residence to another, the party where
the personal effects were brought (Check one)
is ordered to ensure that the child returns to the other party’s residence with the
personal effects that were brought,
need not ensure that the child returns to the other party’s residence with the
personal effects that were brought.
Page 8 of 19
Either party may designate any competent adult to pick up and return the
child/ren, as applicable. A party or a designated competent adult shall be present when
the child/ren is/are picked up or returned. A party
may
may not
designate (specify person) __________________________________________________
to pick up or return the child/ren.
A party shall give notice to the other party in possession of the child/ren on each
occasion that the party will be unable to exercise the right of possession for any specified
period. Repeated failure of a party to give notice of an inability to exercise possessory
rights may be considered as a factor in a modification of those possessory rights.
Written notice shall be deemed to have been timely made if received or
postmarked before or at the time that notice is due.
PARTY A AND PARTY B SHALL HAVE PO SSESSION OF THE CHILD/REN AT
ANY AND ALL TIMES MUTUALLY AGREED TO IN ADVANCE BY THE
PARTIES AND, IN THE ABSENCE OF MUTUAL AGREEMENT, SHALL HAVE
POSSESSION OF THE CHILD/REN AS SET OUT HEREIN.
PARTY A SHALL HAVE THE RIGHT OF POSSESSION OF THE CHILD AT ALL
OTHER TIMES NOT SPECIFICALLY DESIGNATED FOR PARTY B.
IF PARTY A AND PARTY B RESIDE 100 MILES OR LESS APART, POSSESSION
SHALL BE AS FOLLOWS:
WEEKENDS Party B shall have the right to possession of the child/ren on
weekends beginning at
6 p.m.
the time the child/ren's school is regularly dismissed
________ p.m.
on the first, third, and fifth Fridays of each month and ending at
6 p.m. on the following Sunday
_______ p.m. on the following Sunday
the time that school resumes on the following Monday
WEEKEND EXTENDED BY HOLIDAY If a weekend period of possession of
Party B coincides with a school holiday during the regular school term or with a federal,
state, or local holiday during the summer months when school is not in session, the
weekend period of possession shall begin, if applicable, at
6 p.m.
the time the child/ren's school is regularly dismissed
_______ p.m.
on the Thursday immediately preceding the Friday holiday or school holiday and shall
end, if applicable, at
6 p.m. on the Monday holiday or school holiday
Page 9 of 19
_______ p.m. on the Monday holiday or school holiday
the time the child/ren’s school resumes after the Monday holiday or school
holiday
THURSDAYS Party B shall have the right to possession of the child/ren on
Thursdays of each week during the regular school term beginning at
6 p.m.
the time the child/ren's school is regularly dismissed
_______ p.m.
and ending at
8 p.m. on Thursday
_______ p.m. on Thursday
the time the child/ren’s school resumes on the following Friday
The following provisions govern possession of the child/ren for vacations and holidays,
and supercede conflicting weekend and Thursday or regular weekday periods of
possession.
FIRST PART OF CHRISTMAS HOLIDAY AND CHRISTMAS DAY Party B
shall have possession of the child/ren in even-numbered years beginning at
6 p.m.
the time the child/ren's school is regularly dismissed
_______ p.m.
on the day the child/ren is/are dismissed from school for the Christmas school vacation
and ending at noon on December 26, and Party A shall have possession for the same
period in odd-numbered years.
SECOND PART OF CHRISTMAS HOLIDAY Party B shall have possession of
the child/ren in odd-numbered years beginning at noon on December 26 and ending at
6 p.m. on the day before school resumes
______ p.m. on the day before school resumes
the time that school resumes
after that vacation and Party A shall have possession for the same period in even-
numbered years.
THANKSGIVING Party B shall have possession of the child/ren in odd-numbered
years beginning at
6 p.m.
the time the child/ren's school is regularly dismissed
_________ p.m.
on the day the child/ren is/are dismissed from school before Thanksgiving and ending at
6 p.m. on the following Sunday
______ p.m. on the following Sunday
the time that school resumes
after that vacation and Party A shall have possession for the same period in even-
numbered years.
Page 10 of 19
SPRING VACATION Party B shall have possession of the child/ren in even-
numbered years beginning at
6 p.m.
the time the child/ren's school is regularly dismissed
_______ p.m.
on the day the child/ren is/are dismissed from school for the school's spring vacation and
ending at
6 p.m. on the day before school resumes
______ p.m. on the day before school resumes
the time that school resumes
after that vacation and Party A shall have possession for the same period in odd-
numbered years.
SUMMER FOR PARTY B If Party B gives Party A written notice by April 1 of
each year specifying an extended period or periods of summer possession, Party B shall
have possession of the child/ren for 30 days beginning not earlier than the day after the
child/ren's school is dismissed for the summer vacation and ending not later than seven
days before school resumes at the end of the summer vacation, to be exercised in not
more than two separate periods of at least seven consecutive days each. If Party B does
not give Party A written notice by April 1 of each year specifying an extended period or
periods of summer possession, Party B shall have possession of the child/ren for 30
consecutive days beginning at 6 p.m. on July 1 and ending at 6 p.m. on July 31.
PARTY A’S VISIT DURING PARTY B’S SUMMER If Party A gives Party B
written notice by April 15 of each year, Party A shall have possession of the child/ren on
one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday
during one extended period of summer possession by Party B; provided, however, that
Party A picks up the child/ren from Party B and returns the child/ren to that same place.
SUMMER FOR PARTY A If Party A gives Party B written notice by April 15 of
each year or gives Party B 14 days' written notice on or after April 16 of each year, Party
A may designate one weekend beginning not earlier than the day after the child/ren's
school is dismissed for the summer vacation and ending not later than seven days before
school resumes at the end of the summer vacation, during which an otherwise scheduled
weekend period of possession by Party B will not take place; provided that the weekend
designated does not interfere with Party B's period or periods of extended summer
possession or with Father's Day if Party B is the father of the child/ren.
CHILD/REN’S BIRTHDAY The party not otherwise entitled under this order to
present possession of a child on the child’s birthday shall have possession of the child
(check if desired) and the child’s minor siblings
beginning
at 6 p.m. on that day
at __________ ___.m. on that day
and ending at
8 p.m. on that day,
Page 11 of 19
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