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ALABAMA CHILDRENS FAMILY ACT
Parenting Plan Template
IN THE CIRCUIT COURT OF COUNTY, ALABAMA
)
| IN RE: ___________________ | ) |
)
)
| ) CASE NO. ___________________ |
| ___________________ | ) |
| Petitioner, | ) |
)
| and | ) |
)
| ___________________ | ) |
| Respondent | ) |
PERMANENT PARENTING PLAN
This parenting plan is:
______ Ordered by the court on the _____ day of ______, 20___.
______is a part of a settlement agreement, that
______modifies an existing Parenting Plan or
_____prior Court Order, dated, ______ day of _______, 20____.
| Parents. This Parenting Plan is for the children of: |
| Parent: |
,
| Parent: |
,
| Children. The minor children of this marriage (or relationship) are as follows: |
| Name | Sex | Date of Birth |
| Parenting Time/Visitation. The non-custodial parent will have visitation with the as follows: |
New Year's Eve
New Year's Day
Martin Luther King, Jr. Day
Presidents Day
Spring Break Week
Easter Weekend
Mother's Day
Memorial Day
Father's Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Holiday Break
Winter Holiday Break
Hanukkah
Christmas Eve
Christmas Day
New Year's Eve
New Year's Day
Martin Luther King, Jr. Day
Presidents Day
Spring Break Week
Easter Weekend
Mother's Day
Memorial Day
Father's Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Holiday Break
Winter Holiday Break
Hanukkah
Christmas Eve
Christmas Day
New Year's Eve
New Year's Day
Martin Luther King, Jr. Day
Presidents Day
Spring Break Week
Easter Weekend
Mother's Day
Memorial Day
Father's Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Holiday Break
Winter Holiday Break
Hanukkah
Christmas Eve
Christmas Day
New Year's Eve
New Year's Day
Martin Luther King, Jr. Day
Presidents Day
Spring Break Week
Easter Weekend
Mother's Day
Memorial Day
Father's Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Holiday Break
Winter Holiday Break
Hanukkah
Christmas Eve
Christmas Day
New Year's Eve
New Year's Day
Martin Luther King, Jr. Day
Presidents Day
Spring Break Week
Easter Weekend
Mother's Day
Memorial Day
Father's Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Holiday Break
Winter Holiday Break
Hanukkah
Christmas Eve
Christmas Day
Birthday visitation will be handled as follows:
shall be responsible for all costs of transportation to exercise visitation. the home of .Each parent must give 60 days' advanced written notice if they change their residence. The written notice must include the intended date of the move and the new address. Notice is required unless impracticable or unless a court orders otherwise. The parties agree to allow one another the first opportunity to have the if he or she is unable to care for the during their scheduled time. The parties agree to work together to make decisions regarding childcare providers. will be responsible for paying The parties agree will be responsible for paying the health insurance for the minor so long as it is available at no or nominal cost through their employment.The parties agree shall be responsible for any non-covered or co-pay expenses related to medical, dental, optometric, orthodontic, physical therapy, psychiatric or pharmaceutical needs of the minor .
| Child Support. have been determined by the of County in the state of under docket/case number . The parties acknowledge that the child support order, which would result from the application of the Child Support Guidelines, is different. The parties have agreed to a different support amount in lieu of the following additional factors: |
directly to the custodial parent.
| Information Sharing. Unless there is a court order stating otherwise: |
| A. | Both parents are entitled to important information regarding the including but not limited to, the 's current address and telephone number, education, medical, governmental agency, psychological and law enforcement records. |
| B. | Information about the 's progress in school and any school activity is equally available to both parents. Both parents are encouraged to consult with school staff concerning the 's welfare and education. |
| C. | Both parents will immediately notify each other regarding any emergency circumstances or substantial changes in the health of the . |
| D. | Both parents will provide each other with contact numbers and addresses and will notify each other of any change in that information within 72 hours of such a change. If either parent takes the from their usual place of residence, they will provide the other parent with an emergency contact phone number. |
Both parents and children shall have the right to communicate by telephone, in writing or by e-mail during reasonable hours without interference or monitoring by the other parent.
[SIGNATURE PAGE TO FOLLOW]
Signatures
We knowingly and voluntarily agree on the terms of this Parenting Plan. Each of us affirms that the information we have provided in this Plan is true and correct.
| Dated: __________________ | _________________________________ |
, Parent
,
On this _____ day of ____________________, _____, before me, ______________________________, the undersigned officer, personally appeared , known to me (or proved to me on the oath of ______________________________) to be the person who is described in and who executed the within and foregoing instrument, and acknowledged to me that they executed the same.
Before me, a Notary Public (or justice of the peace) in and for said county, personally appeared the above named , who acknowledged that he/she did sign the foregoing instrument, and that the same is his/her free act and deed. In testimony whereof, I have hereunto subscribed my name at ________________________________, this _____ day of ____________________, _____.
The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .
The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this _____ day of ____________________, ______ by , who is personally known to me or who has produced ________________________________ as identification.
This instrument was acknowledged before me on this _____ day of ____________________, _____ by .
On this _____ day of ____________________, _____, before me personally appeared , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed same as his/her free act and deed.
On this _____ day of ____________________, _____, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as for the purposes therein contained.
On this _____ day of ____________________, _____, before me, the undersigned, Notary Public for the State of Vermont, personally appeared , to me known (or to me proved) to be the identical person named in and who executed the above Premarital Agreement, and acknowledged that such persons executed it as such persons' voluntary act and deed.
The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .
In witness whereof I hereunto set my hand and official seal.
Notary Public
Signature of person taking acknowledgment
_________________________________
Name typed, printed, or stamped
Title (and Rank)
_________________________________
Title or rank
My commission expires _____________
_________________________________
Serial number (if applicable)
Serial number, if any
Notary Address:
_________________________________
_________________________________
_________________________________
_________________________________
| Dated: __________________ | _________________________________ |
, Parent
,
On this _____ day of ____________________, _____, before me, ______________________________, the undersigned officer, personally appeared , known to me (or proved to me on the oath of ______________________________) to be the person who is described in and who executed the within and foregoing instrument, and acknowledged to me that he/she executed the same.
Before me, a Notary Public (or justice of the peace) in and for said county, personally appeared the above named , who acknowledged that he/she did sign the foregoing instrument, and that the same is his/her free act and deed. In testimony whereof, I have hereunto subscribed my name at ________________________________, this _____ day of ____________________, _____.
The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .
The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this _____ day of ____________________, ______ by , who is personally known to me or who has produced ________________________________ as identification.
This instrument was acknowledged before me on this _____ day of ____________________, _____ by .
On this _____ day of ____________________, _____, before me personally appeared , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed same as his/her free act and deed.
On this _____ day of ____________________, _____, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as for the purposes therein contained.
On this _____ day of ____________________, _____, before me, the undersigned, Notary Public for the State of Vermont, personally appeared , to me known (or to me proved) to be the identical person named in and who executed the above Premarital Agreement, and acknowledged that such persons executed it as such persons' voluntary act and deed.
The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .
In witness whereof I hereunto set my hand and official seal.
Notary Public
Signature of person taking acknowledgment
_________________________________
Name typed, printed, or stamped
Title (and Rank)
_________________________________
Title or rank
My commission expires _____________
_________________________________
Serial number (if applicable)
Serial number, if any
Notary Address:
_________________________________
_________________________________
_________________________________
_________________________________
Check with your county courthouse to see if it requires its specific form of the Parenting Plan as the court may be more accustomed to judicial forms. If the court's form is required, simply use this Parenting Plan as a worksheet and transfer the details of the Plan into the form provided by the courthouse.
Additionally, check with your county courthouse to see what other forms may be required to file alongside the parenting plan. The other forms may require a judicial signature.
Parenting plans can be general or specific and can have restrictions. It depends on the court order and the situation of the family.
Parents should file this proposed parenting plan within 120 days of commencing a court case for allocation of parental responsibilities. If a parenting plan is not filed with the court, the court will hold an evidentiary hearing to allocate parental responsibilities.
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At a minimum, a Parenting Plan should clearly detail custody, visitation schedules, and financial obligations. However, the strongest Parenting Plans address other important topics such as medical rights, religion, vacations, transportation, education and extracurricular activities. Essentially, you are creating a document that will serve as a map and guide for co-parenting your children until they reach the age of 18.
A Parenting Plan is an agreement between parents outlining how they wish to co-parent.
A parenting order is an order made by the court. Parenting orders carry the force of law, and if they are not followed, they can carry legal consequences.
When a parent breaks a parenting plan, it should be brought to the court's attention. When a parent breaks a parenting order, you have various options available in order to enforce the order, depending on the circumstances. For example, you can contact your local police department. You can also contact your local District Attorney. Filing an action for contempt with the court is another legal tool available to enforce the parenting order.
The best schedule is what works best for the parents and the children. Common arrangements include alternating one week or two weeks, or alternating three to four days at a time with one parent and the other. It is important that your Parenting Plan include guidelines for special occasions, such as the child's birthday, the parent's birthday, Mother's Day or Father's Day, and other major holidays. One common solution is to alternate odd and even years for each of these days.
A Parenting Plan, also known as a Custody Agreement, is an agreement between the parents of children, typically entered into during a divorce or legal separation. A court may require the parents to put a plan in place, or the parents may decide for their own well-being that a written plan is best for themselves and their children.
A Parenting Plan will include details of legal and physical custody of children; visitation rights and a visitation schedule that includes school holidays, summers, and vacations; childcare; health insurance; and child support. Once the details are agreed upon and put in writing, the Parenting Plan is typically held as an informal agreement between parents, or can be filed with a court and accompany court orders which are legally binding.
Some of the types of information you may encounter as you make your Parenting Plan are discussed below.
When a couple decides to separate or divorce, any minor children of their marriage/relationship may be listed in their Parenting Plan and issues of custody, visitation and child support may be outlined if a different court has not previously handled them. A minor child is any child that has not reached the age of majority (usually 18), and is either a child born during the marriage, a child born before the marriage, or the adoptive child of both parties. So long as both parties to this action have an obligation to support a child, the child should be listed in the plan.
Both legal and physical custody (in some states, the "allocation of parental responsibilities") should be established. Legal custody refers to which parent will have the ability to make important decisions regarding the minor children's education, religion, health matters, and any other important decisions. Physical custody refers to which parent will have the children residing with them on a primary basis. Any combination of arrangements is possible. It's best for the parents to take into consideration the best interests of the children and the children's schedules. It's common for parents to have joint legal custody while one parent has primary physical custody. This type of custody arrangement ensures that both parents are able to play an active role in important decision-making of the children while the children continue to maintain a stable home environment.
There are two types of legal custody:
There are three types of physical custody arrangements:
Parents who intend to share joint custody will need to outline the specific details of their custody agreement (or, in some states, their agreement for the "allocation of parental responsibilities"). The best interests of the children, including stability, should be considered when outlining the custody arrangements. Examples of a few joint custody arrangements include the following:
If the parties have agreed to any other custody arrangement, they may want to clarify it in the Parenting Plan. If the parents have an agreement to allow another person, such as a grandparent, aunt, or uncle, to have legal or physical custody, that arrangement can be fully detailed in the agreement. The parties can also indicate the terms of this custody agreement, including whether this arrangement is temporary or permanent.
The parents can clearly outline the visitation schedule in the Parenting Plan template. The visitation schedule may be detailed to help prevent enforcement issues in the future. It's typical for the non-custodial parent to have the children a minimum of every other weekend and one overnight each week provided the parents live close to one another. However, it's up to the parents to agree on a visitation schedule that's in the best interests of the children. For very young children, it's common for no overnight visitation until the children reach a certain age. It's important for parents to consider the best interests of the children, the children's education, extracurricular activities, and age when deciding on a visitation schedule.
In addition to regularly scheduled visitation, parents often rotate or divide holiday time with the children. Parents often divide the holidays such that each parent receives a particular holiday every other year unless the parents have strong desires to have the children on a particular holiday each and every year. Parents can also decide to share time with the children on holidays.
Holiday visitation may supersede any regularly scheduled visitation schedule set in place. Any lost regularly scheduled visitation is not usually made up.
The non-custodial parent may be given additional visitation with the children during the summer months. This visitation may include extra weekday or weekend visitation. Many parents consider this option to share the cost of or decrease the amount of childcare costs while the children are not in school.
*Keep in mind summer visitation and extended visitation may affect the child support amount and could be considered a factor when calculating the amount of child support owed.
Extended visitation is typically provided to the non-custodial parent in a sole physical custody or primary physical custody arrangement. Extended visitation refers to a continuous extended period of time the non-custodial parent will have with the children. While this can take place during the summer months, it may also take place at any point during the year so long as the children's education is not negatively affected by the visitation. Parents in this situation sometimes indicate in the Parenting Plan template the number of weeks given to the non-custodial parent and the final notification date. The final notification date is the final date the non-custodial parent has to notify the custodial parent of the weeks chosen for their extended visitation.
*Keep in mind summer visitation and extended visitation may affect the child support amount and could be considered a factor when calculating the amount of child support owed.
A visitation exchange takes place each time a child goes from the physical custody of one parent to the other. Depending on the nature of the parents' relationship, and whether or not any restraining orders are in place, parents may want to specify a certain location for the exchange to take place.
Each state has varying laws concerning child support. It's important to consider your state's requirements when calculating child support. Each state has its own way of calculating child support based on a variety of factors, which can include income of the non-custodial parent, income of the custodial parent, number of children, other obligations, whether health insurance is provided, etc. In addition, some states handle child support matters in a separate action. If the court has already established a child support obligation, that information should be included in the Parenting Plan unless the amount is outdated and a new support obligation is being calculated based on more current information.
Both parties may need to disclose all sources of income in the Parenting Plan or Custody Agreement. The judge reviewing your legal separation case may use the income of each party to determine how reasonable the child support or spousal support amounts are. You may need to include all income regardless of the source. Types of income can include:
Parents are typically required to provide insurance for their minor children so long as they have the means and ability. If insurance is unavailable to the parents, it's the parents' responsibility to contact a state agency that can provide free or low cost health insurance for the minor children. It's typical for the parent who has the lowest costing health insurance through their employment to provide the coverage. Health insurance is considered a factor when calculating child support.
In many states, the separating spouses can remain on the same insurance policy after a formal legal separation is granted. The primary insurer or holder of the insurance policy should be careful when making any changes to the existing policy during a legal separation as some states will not allow you to remove a spouse from your plan during a legal separation without their consent. It is common for a spouse to continue to pay for health and medical insurance for the other spouse if it is available to them through their employment or some other means. However, spouses may also decide to remain on the same policy and divide the cost of the premium during the legal separation. The parties can use the legal separation period as time for either or both spouses to assess the cost of individual coverage plans. It is important to remember if the parties decide to convert their legal separation to a divorce, they will likely be unable to continue to remain on the same insurance policy. You should contact your insurance provider for more information and details in this regard.
Parents may decide to include the cost of college expenses within the Parenting Plan template to avoid misunderstandings or disagreements in the future over which parent is responsible. It may be a simple agreement that one parent is responsible for costs of college expenses, or the parents may decide to split the costs. The agreed-upon arrangement can be detailed in the plan.
When possible, the parents may want to discuss the issues of raising their children and try to reach an agreement that is best for the children at that time. If the parents cannot reach an agreement, it may be necessary to bring in a third party to help resolve the dispute and make a decision. Here are some examples of common dispute resolution methods:
The parties may discuss how the tax exemption will be divided for each child. It's common for parents with an even number of children to equally divide the children as exemptions. If the parties have only one child or an odd number of children, it's common for the parties to rotate the exemption every other year. The parents may also consider who will receive the most tax benefit by claiming the minor children when making this decision. To ensure that the parents follow the agreement reached, they should each complete IRS Form 8332-Release of Claim to Exemption for Child, which can be filed with their taxes.
Examples of Tax Exemption agreements:
"The parties agree Parent A will be entitled to claim the minor children for tax purposes in this year and every year thereafter."
"The parties agree Parent A will be entitled to claim Child A for tax purposes this year and every year thereafter. The parties agree Parent B will be entitled to claim Child B for tax purposes this year and every year thereafter."
"The parties agree Parent A will be entitled to claim Child A in even numbered years and Parent B will be entitled to claim Child A in odd numbered years."
The Parenting Plan is typically signed by both parties in front of a notary public. Once the agreement is signed, it may be filed in the proper court if it's part of a legal separation, divorce, or child custody action or other formal legal proceeding. There's no guarantee the terms of the Parenting Plan will be accepted by the judge. Each judge will use his or her discretion in assessing the reasonability, fairness, and acceptability of the plan. A judge is typically more likely to approve the plan when all provisions provide for a fair and reasonable settlement for both parties.
|
Term |
Definition |
|---|---|
|
Custodial parent |
The parent with whom a child resides most of the time. This parent usually has the right to designate the child’s residence and/or the primary right and responsibility to care for the child. A custodial parent might share joint physical custody with the child’s other parent, or they might have sole physical custody. The custodial parent typically receives child support from the non-custodial parent. |
|
Legal custody |
The right to make decisions affecting a child’s healthcare, education, religious upbringing, and general welfare. Courts typically award joint legal custody to both parents, unless someone establishes that doing so would not be in the child’s best interests. In that case, the court may grant sole legal custody to one parent. |
|
Non-custodial parent |
The parent with whom a child does not primarily reside. They could share joint physical custody with the other parent, or the other parent might have sole physical custody. Non-custodial parents typically have visitation rights with the child, unless a court found specific reasons why visitation would not be in the child’s best interests. Non-custodial parents are often obligated to pay child support to custodial parents. |
|
Parenting order |
A court order that establishes issues like custody rights, visitation or parenting time, and child support. A parenting order can be temporary while a divorce or other family law case is pending, or it can be a final order. Parents may agree to the terms of a parenting order and present it to the court for a judge’s signature, or a judge can decide on the terms of the order after a hearing or trial. A judge must find that all of the provisions of a parenting order are in the child’s best interests. |
|
Physical custody |
The right to have the child in one’s physical care, along with the duty to provide for the child’s needs. Physical custody may also include the right to designate the child’s primary residence. Parents may share joint physical custody of a child, although one parent may retain the right to decide where the child lives. A court may award sole physical custody to one parent if it would be in the child’s best interests. The other parent may still have visitation rights in that case. |
