What is a 'normal' visitation scedulr?

[Shaggy579]

In New York state, is there a 'standard' visitation schedule as there is in Texas? An original order was put in place giving me 7 hours of supervised visitation not to be in my home, with a stipulation that completion of counseling would indicate a significant change of circumstances, allowing me to re-petition the court.

I have 1 and 3 year old daughters, that I surely want to see more, and my 3 year old cries when she has to go back 'home'. What would be considered a 'normal' visit schedule? The mother will argue that she does not want ANY changes to the current order.

Thanks in advance
Steve

[ocean]

I am in NY. Many people have the every other weekend Fri-Sun and a midweek visit (we had 3-7PM, others have had it over night). A few weeks int he summer and split the holidays every other year. New York is slowly coming around and is givng more and more time.

I would suggest a phase-in time. Are you both in the same state now? If you are, you could say for the next 2 months you will have daughter every saturday from 10-7, then switch to weekends (or something similiar).

New York does not like to change orginal orders so when you make this one, think about what will happen when she is school age. Put down vacations, holidays, birthdays, summers. Be specific of what holiday means (ex: thanksgiving-is it just the day or the  4/5 day vacation they get off at school).

Good luck!

[Shaggy579]

Please review this draft and tell me what you think -

Does anyone know somewhere that I could post this to get the opinion of an attorney?


1. BACKGROUND

The parties were married on ............... in ................. and were divorced in the state of ............. on ...............

Two children were born of this marriage, namely John Smith, born ................ and Jane Smith, born ................

The parties agree that it is best for each of them and their children that a complete settlement is reached regarding matters of parental responsibility.

The children have resided primarily with the Mother, and it is agreed that this arrangement is to continue..

This Parenting Plan shall be tendered to the Court. Upon adoption by the Court, this Parenting Plan and every provision of it shall become enforceable as a judicial order and judgment of the Court.

In consideration of these recitals and the subsequent agreements expressed in this document, the parties agree as follows:

2. PURPOSE AND INTENT

The residential arrangements defined below are provided for the best interests of the children. The children's interests are best served by a full and regular pattern of contact with both parents, responsiveness and co-operation by both parents, involvement by both parents in all aspects of the children's needs and a reasonably consistent routine of activities, values and discipline throughout both homes. Absence, inconsistency and conflict are opposed to the best interests of the children

              
3. Custody
Joint custody is to be awarded to both parents, with the mother retaining residential custody.


4. Weekends.

Beginning on _________________________, weekend visitation shall be in accordance with the following four (4) week cycle:

The first and third weekends from Friday night at 7:00 p.m. until Sunday night at 7:30 p.m.
The second and forth weekends from Friday at 5:00 p.m. to Saturday 7:30 p.m.
There shall be no visitation on the fourth weekend.
This four-week cycle shall continue to repeat itself until further order of the Court.

5. Midweek.

In addition to weekend visitation, the child(ren) shall spend a minimum of one day visitation as follows:

For a child not yet in mandatory education, 5:00 p.m. to 7:30 p.m.
For a child in grades kindergarten-8th grade, 5:00 p.m. to 8:00 p.m.
For a high school student, 5:00 p.m. to 9:30 p.m.
If there is more than one (1) child, the hour of return shall be the hour for the youngest child. If the parents cannot agree on a day, the day of the midweek visit is Wednesday. If a child is in a childcare arrangement, the non-residential parent may not pick up the child from the caretaker without the prior permission of the residential parent, preferably in writing.

6. Days of Special Meaning.

Mother's Day and the mother's birthday shall always be spent with the mother; Father's Day and the father's birthday shall always be spent with the father, regardless of which parent is entitled to the weekend. If the parties cannot agree on times, the time is 10:00 a.m. to 7:00 p.m. Then the child(ren) shall spend the rest of the weekend with the parent who normally has that weekend.
The child's birthday shall always be spent with the mother in the even- numbered years, and shall always be spent with the father in the odd-numbered years.  If the parties cannot agree, the time is 10:00 a.m. to 8:00 p.m. for a child not in school on the birthday, and 5:00 p.m. to 8:00 p.m. for a child in school on the birthday. The child's birthday is to be spent with the designated parent, even if the other parent is entitled to weekend, midweek, holiday or vacation with the child. Brothers and sisters shall attend the birthday event.

7. Holidays.

Parents may wish to change by agreement a holiday at least one (1) week in advance in order to observe family or religious traditions. If not changed by agreement, holiday times are as follows:


Even-Numbered Years
Odd-Numbered Years
As agreed or

Easter
Father
Mother
Sun, 10am to 7pm


Should the school age child(ren)'s spring vacation occur in the week after Easter, the Easter visitation shall extend to Wednesday 7:00 p.m. If spring vacation occurs during another time, the parent having Easter shall have the first three weekdays of the spring vacation. This provision will be contingent to the work schedules of the parents.


Even-Numbered Years
Odd-Numbered Years
As agreed or

Memorial Day
Mother
Father
Sun 7pm to Mon 8 pm

July 4
Father
Mother
7/4 9am to 7/5 9am

Labor Day
Mother
Father
Sun 7pm to Mon 8pm

Halloween
Father
Mother
5pm to 8:30pm

Thanksgiving
Mother
Father
Thur 9am to Fri 9am

Christmas Eve
Father
Mother
12/23 9pm to 12/25 10am

Christmas Day
Mother
Father
12/25 10am to 12/31 5pm

New Years Eve/Day
Father
Mother
12/31 5pm to 1/1 9pm

A holiday that falls on a weekend shall be spent with the parent who is designated to have the child(ren) for that holiday, and the other parent shall have the child(ren) for the rest of the weekend. This time does not have to be made up.

8. Vacation.

Six (6) weeks of visitation each year are to be arranged by the non-residential parent with not less than sixty (60) days advance notice. The non-residential parent's choice of vacation has priority over the residential parent's choice, unless the residential parent's vacation is an annual mandatory shutdown of the place of employment.
Likewise, the residential parent must give the other parent not less than sixty (60 days advance notice of vacations or special plans for the child(ren) to avoid planning conflicts. Parents who cannot resolve vacation scheduling conflicts may file a motion in the Court. The residential parent's visitation shall not exceed fourteen (14) days without non-residential parent's visitation.
Summer school necessary for the child to pass to the next grade must be attended. Extended visitation (vacation) may be scheduled by either parent during a mandatory summer school period, but the child must attend all classes.
Each parent must provide the other parent with destination, times of arrival and departure, and method of travel if the vacation will be outside the parent's community.
Vacation visitation must be exercised in minimum periods of one (1) week, and the non-residential parent has the right to determine whether to exercise visitation in periods of two (2), three (3), four (4), five (5), or six (6) weeks.
Weekends which normally would be spent with the residential parent, which fall during the non-residential parent's vacation must be given to the residential parent, or made up at another time. Weekends which normally would be spent with the non-residential parent and that fall during the residential parent's vacation must be given to the non-residential parent or made up within ninety (90) days. This provision will be contingent to the work schedules of the parents.

9. Visitation Presumptions.

Child's Response to Visitation.
If a child indicates strong opposition to being with the other parent, it is the responsibility of each parent to appropriately deal with the situation, by calmly talking to the child as to the child's reasons, and to work with the other parent to do what is in the child's best interest, and particularly to avoid confrontation or unpleasant scenes. If the matter is not settled, either parent should seek the immediate assistance of a mental health professional or file a motion. As uncomfortable as these issues may be for a parent, this issue should not go unresolved. It is the absolute affirmative duty of the residential parent to make certain that his or her child goes for the visitation period.

Exercise of Visitation.
This schedule presumes that the non-residential parent shall be there promptly for all the visitation times and days for weekends, midweek, days of special meaning, and holidays, and that no advance notice to the residential parent is necessary. The residential parent shall have the child(ren) ready. The non-residential parent will be allowed to receive the child(ren) from school, pre-school or other place they reside.

Cancellation of Visitation by Non-Residential Parent.
The non-residential parent must give notice of intent not to have visitation, not less than twenty-four (24) hours in advance, unless a last minute emergency occurs. A parent who does not exercise visitation forfeits the time. A parent who continually fails to keep his or her commitment to visitation may have rights of visitation modified, and may be subject to other legal remedies as well, upon motion by the residential parent.

Keeping the Children Together.
This schedule presumes that if the parents have more than one (1) child, the visitation will be exercised with all children together.

Returning the Child(ren) After Exercising Visitation.
This schedule presumes that the non-residential parent will not return the child(ren) prior to the end of the visitation period stated (not early, not on a different day), unless the parties agree in advance, and that the residential parent or a responsible adult, well-known to the child(ren), will be present when the child(ren) is/are returned.

Promptness.
This schedule presumes that each parent will be prompt for pickup and return of the child(ren), that the residential parent will ready the child(ren) emotionally and physically for the visitation. The residential parent has no duty to wait for the non-residential parent to pick up the child(ren) longer than thirty (30) minutes, unless the non-residential parent notifies the residential parent that (s)he will be late, and the residential parent agrees to remain available after the thirty (30) minute waiting period. A parent who is more than thirty (30) minutes late loses the visitation period. A parent who has a pattern of lateness for pickup and/or return is subject to penalties under the law.
Transportation.
The non-residential parent has responsibility for picking up and returning the child(ren). The non-residential parent, if unavailable for the pickup or delivery of the child(ren), must use an adult, well known to the child(ren), for this purpose. All child restraint laws must be complied with by any person driving the child(ren). No person transporting the child(ren) may be under the influence of drugs or alcohol. Only licensed drivers may transport the child(ren).

Clothing.
The residential parent is responsible for providing sufficient appropriate clean clothing for each child for every visitation period, based on the lifestyle of the residential parent and child. If the planned visitation activities require special or unusual clothing needs, the non-residential parent must notify the residential parent at least two (2) days in advance of the visitation period. If the child does not have the type of clothing requested, the residential parent is under no obligation to comply with the request. All clothing sent by the residential parent must be returned immediately after the visitation period.

Schoolwork.
A parent must provide time for any child to study, complete homework assignments, papers, or other school assigned projects, even if the completion of this work interferes with the parent's plans with the child(ren). If the school prior to the visitation assigns schoolwork, the residential parent must inform the other parent of the work to be done, and it must be completed during visitation.

Conferences and Appointments.
 Any conference with teachers, counselors, school administrators, shall be discussed in advance between the parties. Under no circumstance will 'private' meetings with people close to the children in regards to school or counseling will be permitted, unless agreed to by both parties in writing.

Illness or Injury of a Child.
If a child becomes ill or injured, warranting the giving of medication or consultation with a doctor or dentist, each parent must notify the other parent as soon as possible. If the child becomes ill while with the residential parent prior to a scheduled visitation period, the parent must contact the other parent and discuss the advisability of whether the visitation period should take place with the best interests of the child as the primary consideration. Parents should consider the nature of the illness (whether it may be contagious, or the child is physically uncomfortable, etc.) The care necessary, the ability to provide the care, exposure of the illness to others, visitation plans, and any other important issue.
If the parents agree that the child should go for the visitation period, then the residential parent must provide written instructions and sufficient medication to last during the visitation period to the other parent. The non-residential parent must care for the child as directed, notifying the other parent if the child's conditions worsens, or does not improve as might reasonably be expected.
If the parents cannot agree that the child should go for the visitation period, then the non-residential parent has the right to visit the child for not more than one (1) hour at the time scheduled for the visitation period to begin. This does not apply if the order of any Court or consent agreement prohibits the non-residential parent from being at the home. If another child is scheduled to have visitation, then the regular visitation must go on with that child. If the visitation period is canceled due to the child's illness or injury, then the time must be made up within sixty (60) days to the non-residential parent at a time of his or her choice.
If the child becomes ill or injured during the visitation period warranting the use of medication or medical or dental consultation, the non-residential parent must secure appropriate emergency treatment.
No schedule can adequately spell out what should be common sense when dealing with an ill or injured child.
The existence of any allergy or chronic condition suffered by a child must be communicated in writing from the residential parent to the non-residential parent, including medication or treatment recommended for the illness or condition.
If a child often misses a visitation period due to illness or injury, then a non-residential parent may require the child to be examined by the child's usual physician. The examination shall be at the expense of the non-residential parent. The examination of the child may be in the presence of the non-residential parent, subject to the discretion of the treating physician. If the residential parent refuses to schedule a medical appointment as requested, the non-residential parent may file a motion.

Children's Activities.
Scheduled periods of visitation shall not be delayed or denied because a child has other scheduled activities (with friends, work, lessons, sports, etc.). It is the responsibility of the parents to discuss activities important to the child in advance, including time, dates, and transportation needs, so that the child is not deprived of activities and maintaining friends. The parent who has the child during the time of scheduled activities is responsible for transportation, attendance and/or other arrangements. If the activities are regularly scheduled, they should be agreed upon in advance and written into the judgment entry or decree. Activities shall not be scheduled to unreasonably interfere with the other parent's residential time with the child(ren). Both parents are encouraged to attend all their child(ren)'s activities.

Telephone calls.
Each parent has the right to talk over the telephone with the child(ren) as often as the parents agree. If the parents do not agree, then the non-residential parent will have unimpeded and unmonitored telephone access a minimum of 3 times per week. In addition, a parent may call a child when on vacation with the other parent as the parties can agree; if no agreement, then the residential parent has telephone privileges twice per week if the vacation period takes place at the other parent's home. Telephone calls should be during the normal hours a child is awake and if the child is unavailable for conversation, each parent shall take the responsibility of seeing that the child timely returns the call. Each parent shall provide the other with the phone number of their residence and update such information promptly whenever it changes.
A child is permitted to call a parent.

Employment of Parents.
This schedule presumes that the parents are available for visitation purposes for full weekends and midweek visitation. If the non-residential parent is regularly employed every weekend or chooses not to exercise visitation on the weekend, the parents should agree to advance about the day and time for visitation. If the parties cannot agree, either may file a motion.

In the event of Death.
 In the event that either parent dies, the children shall still be allowed liberal and continuing contact with the deceased parent's family.

Non-Compliance With Court Order.
Any of the responsibilities or rights outlined in this schedule may be enforced by the court upon the filing of the appropriate motion by either party. A parent may not withhold the rights of visitation because the other parent does not obey a court order, for instance, to pay support, or medical bills, etc. Penalties for willful denial of visitation include jail sentence and/or change of custody. A parent may seek enforcement of periodic child or spousal support by calling the Erie County Support Enforcement Agency.
The Court reserves the right to modify the visitation order upon the motion by either party.

10. Notice of Relocation.
Pursuant to the determination made under §O.R.C. 3109.051 (G)(2), the non-residential parent shall be sent a copy of any notice of relocation filed with the Court.

Address and Telephone Numbers.
Each parent must, unless the Court orders otherwise, keep the other informed of his or her current address and telephone number, and an alternate telephone number in the event of an emergency. The non-residential parents address and phone number will be included on the emergency call list of the child(rens) schools.

11. Access to Records, Day Care, Student Activities.
Pursuant to O.R.C. §3109.051 (H), (I) and (J), the non-residential parent is entitled to access under the same terms and conditions under which access is provided to the residential parent to any record related to the child(ren), any student activity related to the child(ren), or any day care that is, or in the future may be, attended by the child(ren).

12. Tax deductions
The parents will split the tax deductions, each claiming one child each financial year.

13. Involvement of children in the conflicts between the parents

Neither parent shall use the child, directly or indirectly, to gather information about the other parent or take verbal messages to the other parent.
Each parent shall exert every reasonable effort to maintain free access and unhampered contact and communication between the child and the other parent, and promote the emotions of affection, love and respect between the children and the other parent. Neither parent shall make derogatory comments about the other parent or allow anyone else to do the same in the child's presence. Neither parent shall allow or encourage the child to make derogatory comments about the other parent.
Each parent shall honor one another's parenting style, privacy and authority. Neither parent shall interfere in the parenting style of the other nor shall either parent make plans or arrangements that would impinge upon the other parent's authority or time with the child without the express agreement of the other. Each parent shall encourage the child to discuss his or her grievance against a parent directly with the parent in question. It is the intent of both parents to encourage a direct parent child bond and communication.
Neither parent shall do anything that shall estrange the child from the other or impair the natural development of the child's love and respect for each parent. Each parent is to refrain from discussion of parental issues during the exchange of the child and the child is not to be involved in any of the parental discussions between the two parents.

14. Medical Decisions

 The parties agree that no major medical procedures or operations be undertaken in relation to the children without joint parental consent, unless in the case of an emergency requiring immediate treatment (within 3 hours), as advised by a legally qualified medical practitioner, and that all reasonable efforts be made to contact the other parent. The Father shall be responsible for keeping all annual exams, dental check ups, and immunizations up to date. The Father shall maintain health insurance for the children. All expenses not covered by insurance including co-pays, and deductibles relating to medical, dental and mental health be divided between both parties based on income.

15. Persons Participating in Children's lives.

Both parents agree to inform one another of any persons participating in the children's life. Significant means anyone who meets the children more than once in either parent's house or anyone who spends the night while the children are present.

16. Name changes and Adoption

The children's full names shall not be changed, either by common usage or legally, without the children's agreement and the written consent of both parties, or until the attainment of the children's eighteenth birthday. The children shall not be adopted by another person associated with either parent, or anyone else, while both parents are living.

17. Future changes in the plan.

The parents acknowledge and agree that as they and the child(ren) grow older, it is probable that revisions will be required in this permanent parenting plan. The parents acknowledge such changes are unpredictable, and agree to remain flexible with respect to the provisions in this plan.
Acceptance or waiver of any deviations from the provisions of this parenting plan shall not constitute acceptance or waiver of subsequent deviations from this plan. The provisions of this plan shall remain in effect until modified by an appropriate written order entered by a court of competent jurisdiction.
If a dispute resolution process other than court action has been ordered, the parties shall use the designated dispute resolution process before court action when either seeks to change the plan.

18. Approval

The parties acknowledge they have carefully read and understand the provision of this agreement. By signature hereto, the parties each request this Stipulated Parenting Plan be adopted by this Court as an order of the Court.

[KathyNY]

1) on the schedule it has:

The first and third weekends from Friday night at 7:00 p.m. until Sunday night at 7:30 p.m.
The second and forth weekends from Friday at 5:00 p.m. to Saturday 7:30 p.m.
There shall be no visitation on the fourth weekend.

Why is there no overnight on Saturday on the 2nd & 4th weekend and since there IS a listing for the 4th wknd, why does the next line say no visitation for that wkend?

2) #12 Tax deductions says:

The parents will split the tax deductions, each claiming one child each financial year.

What if there's only one child?  Or more than two?  (I'm assuming you made this plan up based on your family and you have 2 kids?) :) me 2
Right now ours says BM gets to claim both kids- but she's a SAHM!  So dad doesn't get to claim them, and she can't.  We want to get it changed where they each claim 1, and she can claim the younger child since she'll be able to do that longer.

OTHER THAN THAT, I THINK THIS IS A GREAT PLAN, ESPECIALLY FOR COUPLES JUST SEPARATING WHO HAVE NO IDEA WHAT TO DO, OR DADS WHO MIGHT END UP GETTING SCREWED IF THEY DON'T KNOW ANY BETTER!  

[Shaggy579]

Thank you for your reply-

I need to remove the reference to the 4th weekend, that was an oversight. I do not include sunday on the 2nd and 4th weekends, as the BM has thurs and sun. off from work, and I do not want to restrict the children (1 and 3) from being with their mother. Is that being too nice?

[ocean]

I have a few more questions :)
1. What makes a weekend? When you do evey other weekend, it is fine but what if the first is on a Fri? Sat? Could get a little messy there. What if the 5 weekend ends on Sat and the first is Sun?
2. Easter break-Lately, spring break and easter have been seperated, so maybe take the entire spring break every other year?
3. New York has a winter break in Feb for a week (around presidents day). WHat do you want to do with that?
4.When child is sick, put in there that you will be on the medical card at school and will be called also. It is easier for the school to enfore it, if it is in the papers.
5. Relocation-In our papers, it states BM could not move over 30 miles without the courts permission. Do you want to add this?
6.Other people-You could put something like, no overnight visitors unless the parties are married. (but you have to do this too)

The rest is GREAT!!! I think you missed some holiday's. You can go on any local public school website and look at their calendar and add then in.
Good luck!

[Shaggy579]

Thanks all for your input, a revised version is below. I also want to include a 'transitionary period' and note that the BM is welcome/encouraged to assist/observe during the period. I know that if the court approves, that she will be VERY anxious about overnights as I have not had one in over a year. I DO want the plan to be fair to both of us, and I hope that it will be the best thing for the children


1. BACKGROUND

The parties were married on ............... in ................. and were divorced in the state of ............. on ...............

Two children were born of this marriage, namely John Smith, born ................ and Jane Smith, born ................

The parties agree that it is best for each of them and their children that a complete settlement is reached regarding matters of parental responsibility.

The children have resided primarily with the Mother, and it is agreed that this arrangement is to continue..

This Parenting Plan shall be tendered to the Court. Upon adoption by the Court, this Parenting Plan and every provision of it shall become enforceable as a judicial order and judgment of the Court.

In consideration of these recitals and the subsequent agreements expressed in this document, the parties agree as follows:

2. PURPOSE AND INTENT

The residential arrangements defined below are provided for the best interests of the children. The children's interests are best served by a full and regular pattern of contact with both parents, responsiveness and co-operation by both parents, involvement by both parents in all aspects of the children's needs and a reasonably consistent routine of activities, values and discipline throughout both homes. Absence, inconsistency and conflict are opposed to the best interests of the children

              
3. Custody
Joint custody is to be awarded to both parents, with the mother retaining residential custody.


4. Weekends.

Beginning on _________________________, weekend visitation will be rotated on an A/B cycle

On 'A' weekends from Friday night at 7:00 p.m. until Sunday night at 7:30 p.m.
On 'B' weekends from Friday night at 5:00 p.m. until Saturday night 7:30 p.m.
This A/B cycle shall continue to repeat itself until further order of the Court.

5. Midweek.

In addition to weekend visitation, the child(ren) shall spend a minimum of one day visitation as follows:

For a child not yet in mandatory education, 5:00 p.m. to 7:30 p.m.
For a child in grades kindergarten-8th grade, 5:00 p.m. to 8:00 p.m.
For a high school student, 5:00 p.m. to 9:30 p.m.
If there is more than one (1) child, the hour of return shall be the hour for the youngest child. If the parents cannot agree on a day, the day of the midweek visit is Wednesday. If a child is in a childcare arrangement, the non-residential parent may not pick up the child from the caretaker without the prior permission of the residential parent, preferably in writing.

6. Days of Special Meaning.

Mother's Day and the mother's birthday shall always be spent with the mother; Father's Day and the father's birthday shall always be spent with the father, regardless of which parent is entitled to the weekend. If the parties cannot agree on times, the time is 10:00 a.m. to 7:00 p.m. Then the child(ren) shall spend the rest of the weekend with the parent who normally has that weekend.
The child's birthday shall always be spent with the mother in the even- numbered years, and shall always be spent with the father in the odd-numbered years.  If the parties cannot agree, the time is 10:00 a.m. to 8:00 p.m. for a child not in school on the birthday, and 5:00 p.m. to 8:00 p.m. for a child in school on the birthday. The child's birthday is to be spent with the designated parent, even if the other parent is entitled to weekend, midweek, holiday or vacation with the child. Brothers and sisters shall attend the birthday event.

7. Holidays.

Parents may wish to change by agreement a holiday at least one (1) week in advance in order to observe family or religious traditions. If not changed by agreement, holiday times are as follows:


Even-Numbered Years
Odd-Numbered Years
As agreed or

Easter
Father
Mother
Sun, 10am to 7pm


Should the school age child(ren)'s spring vacation occur in the week after Easter, the Easter visitation shall extend to Wednesday 7:00 p.m. If spring vacation occurs during another time, the parent having Easter shall have the first three weekdays of the spring vacation. This provision will be contingent to the work schedules of the parents.


Even-Numbered Years
Odd-Numbered Years
As agreed or

Memorial Day
Mother
Father
Sun 7pm to Mon 8 pm

July 4
Father
Mother
7/4 9am to 7/5 9am

Columbus day
Mother
Father
Sun 7pm to Mon 8pm

Labor Day
Mother
Father
Mon 9am to Mon 8pm

Presidents day
Father
Mother
Mon 9am to Mon 8pm

Halloween
Father
Mother
5pm to 8:30pm

Thanksgiving
Mother
Father
Thur 9am to Fri 9am

Christmas Eve
Father
Mother
12/23 9pm to 12/25 10am

Christmas Day
Mother
Father
12/25 10am to 12/31 5pm

New Years Eve/Day
Father
Mother
12/31 5pm to 1/1 9pm

Winter break will

A holiday that falls on a weekend shall be spent with the parent who is designated to have the child(ren) for that holiday, on the Monday or Friday that the holiday is being observed. This time.

8. Vacation.

Six (6) weeks of visitation each year are to be arranged by the non-residential parent with not less than sixty (60) days advance notice. The non-residential parent's choice of vacation has priority over the residential parent's choice, unless the residential parent's vacation is an annual mandatory shutdown of the place of employment.
Likewise, the residential parent must give the other parent not less than sixty (60 days advance notice of vacations or special plans for the child(ren) to avoid planning conflicts. Parents who cannot resolve vacation scheduling conflicts may file a motion in the Court. The residential parent's visitation shall not exceed fourteen (14) days without non-residential parent's visitation.
Summer school necessary for the child to pass to the next grade must be attended. Extended visitation (vacation) may be scheduled by either parent during a mandatory summer school period, but the child must attend all classes.
Each parent must provide the other parent with destination, times of arrival and departure, and method of travel if the vacation will be outside the parent's community.
Vacation visitation must be exercised in minimum periods of one (1) week, and the non-residential parent has the right to determine whether to exercise visitation in periods of two (2), three (3), four (4), five (5), or six (6) weeks.
Weekends which normally would be spent with the residential parent, which fall during the non-residential parent's vacation must be given to the residential parent, or made up at another time. Weekends which normally would be spent with the non-residential parent and that fall during the residential parent's vacation must be given to the non-residential parent or made up within ninety (90) days. This provision will be contingent to the work schedules of the parents.

9. Visitation Presumptions.

Child's Response to Visitation.
If a child indicates strong opposition to being with the other parent, it is the responsibility of each parent to appropriately deal with the situation, by calmly talking to the child as to the child's reasons, and to work with the other parent to do what is in the child's best interest, and particularly to avoid confrontation or unpleasant scenes. If the matter is not settled, either parent should seek the immediate assistance of a mental health professional or file a motion. As uncomfortable as these issues may be for a parent, this issue should not go unresolved. It is the absolute affirmative duty of the residential parent to make certain that his or her child goes for the visitation period.

Exercise of Visitation.
This schedule presumes that the non-residential parent shall be there promptly for all the visitation times and days for weekends, midweek, days of special meaning, and holidays, and that no advance notice to the residential parent is necessary. The residential parent shall have the child(ren) ready. The non-residential parent will be allowed to receive the child(ren) from school, pre-school or other place they reside.

Cancellation of Visitation by Non-Residential Parent.
The non-residential parent must give notice of intent not to have visitation, not less than twenty-four (24) hours in advance, unless a last minute emergency occurs. A parent who does not exercise visitation forfeits the time. A parent who continually fails to keep his or her commitment to visitation may have rights of visitation modified, and may be subject to other legal remedies as well, upon motion by the residential parent.

Keeping the Children Together.
This schedule presumes that if the parents have more than one (1) child, the visitation will be exercised with all children together.

Returning the Child(ren) After Exercising Visitation.
This schedule presumes that the non-residential parent will not return the child(ren) prior to the end of the visitation period stated (not early, not on a different day), unless the parties agree in advance, and that the residential parent or a responsible adult, well-known to the child(ren), will be present when the child(ren) is/are returned.

Promptness.
This schedule presumes that each parent will be prompt for pickup and return of the child(ren), that the residential parent will ready the child(ren) emotionally and physically for the visitation. The residential parent has no duty to wait for the non-residential parent to pick up the child(ren) longer than thirty (30) minutes, unless the non-residential parent notifies the residential parent that (s)he will be late, and the residential parent agrees to remain available after the thirty (30) minute waiting period. A parent who is more than thirty (30) minutes late loses the visitation period. A parent who has a pattern of lateness for pickup and/or return is subject to penalties under the law.
Transportation.
The non-residential parent has responsibility for picking up and returning the child(ren). The non-residential parent, if unavailable for the pickup or delivery of the child(ren), must use an adult, well known to the child(ren), for this purpose. All child restraint laws must be complied with by any person driving the child(ren). No person transporting the child(ren) may be under the influence of drugs or alcohol. Only licensed drivers may transport the child(ren).

Clothing.
The residential parent is responsible for providing sufficient appropriate clean clothing for each child for every visitation period, based on the lifestyle of the residential parent and child. If the planned visitation activities require special or unusual clothing needs, the non-residential parent must notify the residential parent at least two (2) days in advance of the visitation period. If the child does not have the type of clothing requested, the residential parent is under no obligation to comply with the request. All clothing sent by the residential parent must be returned immediately after the visitation period.

Schoolwork.
A parent must provide time for any child to study, complete homework assignments, papers, or other school assigned projects, even if the completion of this work interferes with the parent's plans with the child(ren). If the school prior to the visitation assigns schoolwork, the residential parent must inform the other parent of the work to be done, and it must be completed during visitation.

Conferences and Appointments.
 Any conference with teachers, counselors, school administrators, shall be discussed in advance between the parties. Under no circumstance will 'private' meetings with people close to the children in regards to school or counseling will be permitted, unless agreed to by both parties in writing.

Illness or Injury of a Child.
If a child becomes ill or injured, warranting the giving of medication or consultation with a doctor or dentist, each parent must notify the other parent as soon as possible. If the child becomes ill while with the residential parent prior to a scheduled visitation period, the parent must contact the other parent and discuss the advisability of whether the visitation period should take place with the best interests of the child as the primary consideration. Parents should consider the nature of the illness (whether it may be contagious, or the child is physically uncomfortable, etc.) The care necessary, the ability to provide the care, exposure of the illness to others, visitation plans, and any other important issue.
If the parents agree that the child should go for the visitation period, then the residential parent must provide written instructions and sufficient medication to last during the visitation period to the other parent. The non-residential parent must care for the child as directed, notifying the other parent if the child's conditions worsens, or does not improve as might reasonably be expected.
If the parents cannot agree that the child should go for the visitation period, then the non-residential parent has the right to visit the child for not more than one (1) hour at the time scheduled for the visitation period to begin. This does not apply if the order of any Court or consent agreement prohibits the non-residential parent from being at the home. If another child is scheduled to have visitation, then the regular visitation must go on with that child. If the visitation period is canceled due to the child's illness or injury, then the time must be made up within sixty (60) days to the non-residential parent at a time of his or her choice.
If the child becomes ill or injured during the visitation period warranting the use of medication or medical or dental consultation, the non-residential parent must secure appropriate emergency treatment.
No schedule can adequately spell out what should be common sense when dealing with an ill or injured child.
The existence of any allergy or chronic condition suffered by a child must be communicated in writing from the residential parent to the non-residential parent, including medication or treatment recommended for the illness or condition.
If a child often misses a visitation period due to illness or injury, then a non-residential parent may require the child to be examined by the child's usual physician. The examination shall be at the expense of the non-residential parent. The examination of the child may be in the presence of the non-residential parent, subject to the discretion of the treating physician. If the residential parent refuses to schedule a medical appointment as requested, the non-residential parent may file a motion.

Children's Activities.
Scheduled periods of visitation shall not be delayed or denied because a child has other scheduled activities (with friends, work, lessons, sports, etc.). It is the responsibility of the parents to discuss activities important to the child in advance, including time, dates, and transportation needs, so that the child is not deprived of activities and maintaining friends. The parent who has the child during the time of scheduled activities is responsible for transportation, attendance and/or other arrangements. If the activities are regularly scheduled, they should be agreed upon in advance and written into the judgment entry or decree. Activities shall not be scheduled to unreasonably interfere with the other parent's residential time with the child(ren). Both parents are encouraged to attend all their child(ren)'s activities.

Telephone calls.
Each parent has the right to talk over the telephone with the child(ren) as often as the parents agree. If the parents do not agree, then the non-residential parent will have unimpeded and unmonitored telephone access a minimum of 3 times per week. In addition, a parent may call a child when on vacation with the other parent as the parties can agree; if no agreement, then the residential parent has telephone privileges twice per week if the vacation period takes place at the other parent's home. Telephone calls should be during the normal hours a child is awake and if the child is unavailable for conversation, each parent shall take the responsibility of seeing that the child timely returns the call. Each parent shall provide the other with the phone number of their residence and update such information promptly whenever it changes.
A child is permitted to call a parent.

Employment of Parents.
This schedule presumes that the parents are available for visitation purposes for full weekends and midweek visitation. If the non-residential parent is regularly employed every weekend or chooses not to exercise visitation on the weekend, the parents should agree to advance about the day and time for visitation. If the parties cannot agree, either may file a motion.

In the event of Death.
 In the event that either parent dies, the children shall still be allowed liberal and continuing contact with the deceased parent's family.

Non-Compliance With Court Order.
Any of the responsibilities or rights outlined in this schedule may be enforced by the court upon the filing of the appropriate motion by either party. A parent may not withhold the rights of visitation because the other parent does not obey a court order, for instance, to pay support, or medical bills, etc. Penalties for willful denial of visitation include jail sentence and/or change of custody. A parent may seek enforcement of periodic child or spousal support by calling the Erie County Support Enforcement Agency.
The Court reserves the right to modify the visitation order upon the motion by either party.

10. Notice of Relocation.
Pursuant to the determination made under §O.R.C. 3109.051 (G)(2), the non-residential parent shall be sent a copy of any notice of relocation filed with the Court. If the relocation will be greater than 30 miles, permission from the court must be obtained.

Address and Telephone Numbers.
Each parent must, unless the Court orders otherwise, keep the other informed of his or her current address and telephone number, and an alternate telephone number in the event of an emergency. The non-residential parents address and phone number will be included on the emergency call list and sick call list of the child(rens) schools.

11. Access to Records, Day Care, Student Activities.
Pursuant to O.R.C. §3109.051 (H), (I) and (J), the non-residential parent is entitled to access under the same terms and conditions under which access is provided to the residential parent to any record related to the child(ren), any student activity related to the child(ren), or any day care that is, or in the future may be, attended by the child(ren).

12. Tax deductions
The parents will split the tax deductions, each claiming one child each financial year.

13. Involvement of children in the conflicts between the parents

Neither parent shall use the child, directly or indirectly, to gather information about the other parent or take verbal messages to the other parent.
Each parent shall exert every reasonable effort to maintain free access and unhampered contact and communication between the child and the other parent, and promote the emotions of affection, love and respect between the children and the other parent. Neither parent shall make derogatory comments about the other parent or allow anyone else to do the same in the child's presence. Neither parent shall allow or encourage the child to make derogatory comments about the other parent.
Each parent shall honor one another's parenting style, privacy and authority. Neither parent shall interfere in the parenting style of the other nor shall either parent make plans or arrangements that would impinge upon the other parent's authority or time with the child without the express agreement of the other. Each parent shall encourage the child to discuss his or her grievance against a parent directly with the parent in question. It is the intent of both parents to encourage a direct parent child bond and communication.
Neither parent shall do anything that shall estrange the child from the other or impair the natural development of the child's love and respect for each parent. Each parent is to refrain from discussion of parental issues during the exchange of the child and the child is not to be involved in any of the parental discussions between the two parents.

14. Medical Decisions

 The parties agree that no major medical procedures or operations be undertaken in relation to the children without joint parental consent, unless in the case of an emergency requiring immediate treatment (within 3 hours), as advised by a legally qualified medical practitioner, and that all reasonable efforts be made to contact the other parent. The Father shall be responsible for keeping all annual exams, dental check ups, and immunizations up to date. The Father shall maintain health insurance for the children. All expenses not covered by insurance including co-pays, and deductibles relating to medical, dental and mental health be divided between both parties based on income.

15. Persons Participating in Children's lives.

Both parents agree to inform one another of any persons participating in the children's life. Significant means anyone who meets the children more than once in either parent's house or anyone who spends the night while the children are present.

16. Name changes and Adoption

The children's full names shall not be changed, either by common usage or legally, without the children's agreement and the written consent of both parties, or until the attainment of the children's eighteenth birthday. The children shall not be adopted by another person associated with either parent, or anyone else, while both parents are living.

17. Family Counseling

18. Future changes in the plan.

The parents acknowledge and agree that as they and the child(ren) grow older, it is probable that revisions will be required in this permanent parenting plan. The parents acknowledge such changes are unpredictable, and agree to remain flexible with respect to the provisions in this plan.
Acceptance or waiver of any deviations from the provisions of this parenting plan shall not constitute acceptance or waiver of subsequent deviations from this plan. The provisions of this plan shall remain in effect until modified by an appropriate written order entered by a court of competent jurisdiction.
If a dispute resolution process other than court action has been ordered, the parties shall use the designated dispute resolution process before court action when either seeks to change the plan.

18. Approval

The parties acknowledge they have carefully read and understand the provision of this agreement. By signature hereto, the parties each request this Stipulated Parenting Plan be adopted by this Court as an order of the Court.