LR3-Form 3.60

THIRD JUDICIAL DISTRICT COURT
COUNTY OF DONA ANA
STATE OF NEW MEXICO

)

)

        Petitioner,
)

)
            No. ____________
            vs.
)

)
            Judge _____________
)

)

        Respondent.
)

PARENTING PLAN DEVELOPED AND AGREED TO BY

______________________________ and ______________________________
FOR THEIR CHILDREN

    1.    Child(ren) Involved: Our Child(ren)'s name(s) and date(s) of birth is/are as follows:
Name
Date of Birth

____________________________________________
_____________

____________________________________________
_____________

____________________________________________
_____________

____________________________________________
_____________

    2.    Primary Physical Custody: We have agreed that the child(ren) shall be in the primary physical custody of the [mother] [father] (hereinafter sometimes referred to as the custodial parent) with the [father] [mother] (hereinafter sometimes referred to as the non-custodial parent) having periods of responsibility as set forth herein.
    3.    Legal Custody: The parties shall have joint custody of

the child(ren), with significant periods of responsibility allocated to each parent in accordance with the terms of this Parenting Plan and with authority and responsibility for making major decisions in the child(ren)'s best interests as set out herein. We agree to share joint legal custody of our child(ren); that is, neither of us will unilaterally make a major change affecting our child(ren) in the areas of religion, residence, non-emergency medical or dental care, education or major recreational activities. Before such a decision is made, we will discuss the matter, and both of us must agree. If we cannot agree, our disagreement will be resolved by the methods chosen in Paragraph 17, below. Until agreement or resolution, no change will be made. This agreement shall set forth the authority and responsibility for making major decisions in the child(ren)'s best interest as set out herein. Except as otherwise specified herein, we shall have joint responsibility and authority for the major decisions affecting the child(ren)'s health, medical and dental treatment, education, religious activities, recreational activities and residence. Neither of us shall implement a decision which constitutes a major change in any of the child(ren)'s lives with respect to these designated areas without consultation with the other parent.
    4.    Contact With Non-Custodial Parent: The custodial parent shall encourage and support frequent contact between the non-custodial parent and the child(ren). When a parent does not have the child(ren) in their care, such parent is entitled to keep in

touch with the child(ren). Both parents have the right to contact the child(ren) by mail as frequently as they desire without interference or supervision of correspondence by the other parent. Both parents shall also be entitled to telephone the child(ren) at any and all reasonable times, at their own expense, from 8:00 a.m. until 8:00 p.m. or the time of the child(ren)'s regularly scheduled bedtime hour. Such telephone conversations shall not be monitored or supervised by the other parent.
    5.    The Child(ren)'s Wishes: We agree that our child(ren)'s wishes should and must be considered when we make decisions about the child(ren). How much weight we will give a child's wishes will depend on the age of the child and the nature of the decision. We will not ask a child to choose between us, and we will not burden a child with any decision that is inappropriate for his/her age and development.
    6.    General Care:
        a.    The child(ren) shall generally be in [mother]'s [father]'s care. (S)He will ensure the child(ren) have adequate food, clothing, shelter, medical care and attend school regularly. The non-custodial parent shall ensure that the child(ren) have adequate food, clothing, shelter, medical care and attend school during visitation periods.
        b.    Each parent shall be responsible for the day-to-day care and control of the child(ren) during those periods in which the child(ren) are physically within such parent's household.

        c.    The custodial parent shall arrange for day care for the child(ren) during her/his working hours with a private caretaker or licensed day care center. No relative shall supervise the child(ren)'s care on a regular day-to-day basis.
    7.    Time Sharing: We will share time with the child(ren) as we agree from time to time. In the event we cannot agree, the schedule will be as follows: (Note: It is often preferable to have a flexible arrangement, as you agree on a day-by-day basis. You must, however, have a specific plan which is to be followed if or when a disagreement occurs.)
        a.    Weekdays:
        _______________________________________________________
        _______________________________________________________
        b.    Weekends:
        _______________________________________________________
        _______________________________________________________
        _______________________________________________________
    Weekends begin at _____ (a.m.) (p.m.) (Friday) (Saturday) and end at ______ (a.m.) (p.m.) (Sunday)(Monday), unless Monday is a legal holiday, in which case the weekend ends at _____ (a.m.) (p.m.) (Monday) (Tuesday).
    (Optional): We have attached a calendar for the year 19__, to this plan, and have marked in red the days the child(ren) will spend with mother and blue the days the child(ren) will spend with father. "Days" begin at _____ (a.m.)(p.m.) and end at

______ ___.m.
        c.    Vacations/Summer: Each parent will have uninterrupted time with the child(ren) for ____ weeks each (year) (summer), if that parent gives the other at least ____ days notice.
        (Option for young children): Until the (youngest) child reaches age ____, uninterrupted vacation/summer time with each parent is limited to ____ week(s). Between the ages of ____ and ____, that time shall be ____ weeks; after reaching age ____, summer/vacation time will be ____ weeks.
        d.    Holidays: Regardless of the day of the week, the child(ren) will spend:
            (1)    Mother's Day and mother's birthday with mother;
            (2)    Father's Day and father's birthday with father;
            (3)    Child(ren)'s birthday with _______________ in even-numbered years and with _____________ in odd-numbered years.
            (4)    The child(ren) will spend Thanksgiving from _________________ until _____________________ with _________________ in even-numbered years and with _____________ in odd-numbered years.
            (5)    The child(ren) will spend the school-scheduled Spring Break with _________ in even-numbered

years and with ___________ in odd-numbered years.
            (6)    The child(ren) will spend the first half of the Christmas school holiday with ___________ in even-numbered years and with _____________ in odd-numbered years while the last half of the Christmas school holiday will be spent the reverse of the first half.
        e.    Telephone and Mail: We agree that the child(ren) have the right to place phone calls to and receive phone calls from the absent parent, and to send and receive letters and packages, without interference from the other parent.
        f.    Changes: Each of us may ask the other for exceptions to this schedule from time to time, but we understand that the other parent has the right to say "no", and we will not argue about it nor criticize the other parent's decision to the child(ren).
        g.    Missed Visits: If any of the child(ren) are unable to visit due to illness, special school events or the custodial parent's special family events, the custodial parent shall inform the non-custodial parent as soon as possible, generally one (1) week in advance of planned events. For each weekend missed outside of the non-custodial parent's control, (s)he shall be able to substitute another weekend for the missed one as soon as possible.

        h.    Scheduled Activities: If any of the child(ren) have school or recreational activities planned on weekends when visitation is scheduled with the non-custodial parent, (s)he shall take the child Involved, or make arrangements for said child to attend or participate in such activities during the visit. The non-custodial parent should be notified in advance of such weekend activities whenever possible.
        i.    Transportation: We will divide the responsibility for getting the child(ren) to and from each other's house, day care, school, etc., as follows:
    ____________________________________________________________
    ____________________________________________________________
        The parent receiving the child(ren) shall make arrangements for transportation to such parent's location during reasonable hours. Transportation arrangements shall be communicated to the other parent within a reasonable time prior to the visit, generally, one week in advance if possible.
    8.    Trial Period or Permanent Plan: (Check One)
[ ]    We have not yet tried this time sharing schedule, so we agree that we will review this plan in ____ days, and at that time we will make any changes we agree on. If we cannot agree on changes, we will resolve our dispute by using the method set forth in Paragraph 17, below. If we litigate, a "material change in circumstances" will not have to be proved in order to change this

schedule.

[or]

[ ]    We have already tried this time sharing schedule, and we intend it to be fairly permanent. We recognize, however, that as our child(ren) grow(s) and our own lives change, it may be necessary to change the schedule from time to time. This would be a major change that we have to discuss and agree on, and, if necessary, we will follow the dispute resolution procedures set forth in Paragraph 17, below.
    9.    The Status Quo _ What We Now Have:
        a.    Residence: ________________________________
                        (City and State Only)

        b.    Religion: _________________________________
        c.    Doctor:    Name: ________________________________
                    Address: _____________________________
                    Phone: _______________________________
        d.    Dentist:    Name: ________________________________
                    Address: _____________________________
                    Phone: _______________________________
        e.    School:    Name: ________________________________
                    Address: _____________________________
                    Phone: _______________________________
        f.    Child Care:    Name: _____________________________
                        Address: __________________________
                        Phone: ____________________________

        g.    Major Recreational Activities (Activities and         Schedule): ___________________________________________
            _________________________________________________
            _________________________________________________
            _________________________________________________
        h.    Other:
            _________________________________________________
            _________________________________________________
    10.    Grandparents and other relatives: We agree that the child(ren)'s relationship(s) with grandparents and other extended family members are important, and that it is beneficial for the child(ren) to spend time with our extended families as long as the members of those families do not try to alienate the child(ren) from one of us. In order to encourage the continuation of good relationships between our extended families and the child(ren), we agree to the following extended family visitation and communication:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
    The child(ren)'s grandparents shall have reasonable rights of visitation. Normally, the paternal grandparent's visitation shall be expected to occur during the father's period of responsibility and the maternal grandparent's visitation shall be expected to occur during the mother's period of responsibility. If additional

visitation with the grandparents is requested, the parties shall mutually agree to any additional visitation.
11.    Step-Parents, step-children, step-siblings, etc.: We agree that deep and important relationships between step-relatives can develop, and that it would not be in our child(ren)'s best interests to cut off those relationships. We therefore agree on the following visitation and communication for step-relatives:
_________________________________________________________________
_________________________________________________________________
    12.    Medical decisions:
        a.    We agree that in case of a medical emergency the parent with that period of responsibility will contact the other parent concerning treatment of the child, if possible. If the absent parent cannot be reached, any decision for emergency medical treatment will be made in the best interest of the child by the available parent.
        b.    Elective medical and dental treatment, other than routine medical and dental treatment, such as regularly required vaccinations and checkups, shall require the consent of both parents.
        c.    The parties agree that medical treatment shall be by a licensed physician, osteopath, chiropractor or other recognized health care provider. Any dental work including orthodontia or periodontal work shall be done by a licensed dentist.

        d.    Both parents shall have full access to all medical and dental records and to health care providers.
    13.    Change of residence:
        a.    Both parents presently intend to continue to live in the same city.
        b.    We agree that neither of us will remove, cause to be removed, or permit removal of the child(ren) from the State of New Mexico, except for temporary visits which do not interfere with the time sharing schedule, without the written consent of the other parent, or resolution of the dispute by the method set forth in Paragraph 17, below.
        c.    If either parent plans to change their current home city or state of residence such parent shall provide to the other parent thirty (30) days notice in writing stating the date and destination of move. As soon as possible thereafter, the moving parent shall provide an address and phone number where the child(ren) may send correspondence or call.
        (Option) _ It is understood by the parties that the parents shall not be living in the same city and so frequent, personal contact between the Non-Custodial parent and the child(ren) shall not be possible and shall probably be limited to the visitation periods specified herein. In addition to the specified visitation, the non-custodial parent shall be entitled to visit with the child(ren) whenever (s)he is in the same town where the custodial parent and child(ren) are living

as long as (s)he gives at least seventy-two (72) hours' advance notice of the visit and said visit does not interfere with previously arranged school plans. In addition, whenever the custodial parent and the child(ren) visit or are in the same town in which the non-custodial parent is living, the custodial parent shall notify the non-custodial parent at least seventy-two (72) hours in advance and the non-custodial parent shall be entitled to visit with the child(ren) while they are in the area.
    14.    Educational decisions:
        a.    Changes in educational environments or programs shall require the consent of both parents. Each parent shall have complete access to the child(ren)'s school records and shall be entitled to participate in conferences with the child(ren)'s teachers and supervisors.
        b.    The child(ren) shall continue to attend the school or schools in which they are currently enrolled. The child(ren) shall be placed in programs appropriate for their needs based upon recommendations by the school counselors, teachers, advisors and agreement by both parents.
        c.    School districts shall not be changed unless necessitated by a move or agreement of both the parents.
        d.    Both parents shall have complete access to the child(ren)'s school records and shall be entitled to participate in conferences with the child(ren)'s teachers and

supervisors. The custodial parent shall forward to the non-custodial parent copies of the child(ren)'s report cards and any matters regarding the child(ren)'s educational progress.
    15.    Religious decisions:
        a.    Each parent shall be entitled to attend religious services with the child(ren) during the parent's period of responsibility, provided that the other parent must be consulted and agree to any denominational changes.
        [or]
        b.    Each parent shall be entitled to take the child(ren) to the religious services they attend. No denominational changes shall be made without mutual consent or otherwise resolved.
        c.    Both parents shall notify the other of any significant ceremonial event of the child(ren) and both parents shall be entitled to attend.
    16.    Recreational activities, school activities and public activities
        a.    Major changes in the child(ren)'s recreational activities, such as enrolling a child in a series of recreational lessons, shall require the consent of both parents, and the parents shall not withhold consent arbitrarily or capriciously.
        b.    The child(ren) shall continue in the recreational activities in which they are currently participating. They

shall be entitled to participate in any recreational activities sponsored by the school which they are attending. Recreational activities shall expand as the child(ren)'s interest develop. The parents shall take into account the child(ren)'s expressed preferences for recreational activities. Unless the activity is dangerous or unusual (any sports or recreational activities sponsored by the child(ren)'s school shall not be considered to fall within this category), the custodial parent may enroll the child(ren) without the other parent's consent, but shall inform the other parent of the activity. It is understood that the child(ren) may participate in programs such as soccer, baseball, gymnastics, softball, volleyball, tennis, swimming and diving, etc.
        c.    Each parent shall have the right to attend and/or participate in the child(ren)'s school and other recreational activities, and each parent shall advise the other of such events that come to his or her attention.
    17.    Dispute resolution:
        a.    Disputes concerning interpretation or application of this Parenting Plan and/or failure of the parents to reach agreement when required under the provisions hereof shall be resolved in accordance with this section. While a dispute is being resolved, neither parent shall alter the status quo.
        b.    In the event that a problem arises in which an

immediate agreement cannot be reached, the parents shall set aside a portion of time in which to discuss the matter, either in person or by telephone without distractions and without the child(ren) being present. Issues other than the specific problem at hand shall not be discussed at that time. The parents shall attempt in good faith to resolve their differences and reach an agreement. Each parent agrees to keep in mind what is in the best interests of the child(ren) and to take the child(ren)'s wishes and desires into account.
        c.    Written proposals: [ ] (Optional _ Please initial if desired.) We agree that if either of us wishes to permanently change the time-sharing plan (Section 7) or one or more aspects of the status quo (Section 9), the one who wishes the change will give to the other a written change proposal which will include what (s)he wants to change and why, and which will provide enough information so the other will be able to investigate. For example, the change proposal will include necessary names, addresses and phone numbers, and a reasonable time limit for responding.
        We agree that the parent who receives the change proposal will investigate the proposed change and will respond in a reasonable time, in writing. If one of us does not agree to the proposed change, (s)he must say why and, when appropriate, make a counter proposal, also in writing.

[and/or]

        d.    Oral discussion: [ ] We will discuss all major changes in the child(ren)'s life/lives in order to try to reach agreement.
        e.    If we cannot agree to the proposed change, we agree that no change will be made until we:
            [ ] participate in couple and/or family counseling to try to reach agreement (Optional: with ______________________________________ as counselor);

[and/or]

            [ ] participate in conciliation or mediation to try to reach agreement (Optional: with _______________ as mediator);
[and/or]

            [ ] submit the matter to ____________________ for arbitration (Note: parents must obtain the consent of the proposed arbitrator in order to choose this option). We agree that the arbitrator's decision [ ] will be binding, or [ ] is not permanently binding, but will be followed by us until and unless the Court orders otherwise.
[and/or]

            [ ] allocate ultimate responsibility to (state mother or father):
            _________________     for religious decisions
            _________________     for residence decisions
            _________________     for medical decisions

            _________________     for education decisions
            _________________     for recreation decisions; or

[and/or]

            [ ] submit the matter to the District Court, which may refer the matter to a special master, or which may terminate joint custody, among other resolutions.
        We will pay any cost involved in our method of dispute resolution (except litigation) as follows: ______% paid by mother; ______% paid by father. We agree that we will use the above methods of dispute resolution and neither parent will withhold financial support or access to the child(ren) before, during or after dispute resolution.
NOTE TO PARENTS: If more than one method of dispute resolution is desired, number the choices in order (#1 for first method to be used, #2 for second method, etc.)
    18.    General:
        a.    We both agree to be actively involved in the major decisions and legal responsibilities of our child(ren).
        b.    We agree to communicate and be flexible about the needs of the child(ren), especially as those needs change due to a child's growth and development.
        c.    We agree to each be supportive of the child(ren)'s relationship with the other parent and positive about that relationship. Each of us will give permission to the child(ren) to enjoy the relationship with the other parent and

neither of us will interfere with the parent-child relationship with the other.
        d.    We agree that neither of us will align the child(ren) with him or her against the other parent or the other parent's family.
        e.    The parents shall foster a positive relationship between the other parent and the child(ren). Both parents agree to refrain from making negative or derogatory comments about the absent parent. Neither parent shall discuss disputes regarding property matters, support payments or other issues with the child(ren) or in their presence. The parents shall not use the child(ren) as intermediaries in transmitting money, documents or messages.
        f.    We agree that each of us is responsible to learn for him(her)self the child(ren)'s school functions, parent/teacher meetings and recreational activities. In other words, neither of us is responsible to inform the other of such matters.
        g.    We agree that this Parenting Plan shall continue in force and effect until modified by order of a court of competent jurisdiction or until modified by written agreement.

                    ____________________________________
                     Mother

                    ____________________________________
                     Father

STATE OF NEW MEXICO        )
                    ) ss

COUNTY OF DONA ANA        )

    The foregoing instrument was acknowledged before me this ____ day of ______________, 19___, by _____________________________, Mother.

                    _______________________________________
                    Notary Public

My Commission Expires:

_________________________

STATE OF NEW MEXICO        )
                    )    ss
COUNTY OF DONA ANA        )

    The foregoing instrument was acknowledged before me this ____ day of ______________, 19___, by ________________________________, Father.

                    ____________________________________
                    Notary Public

My Commission Expires:

_____________________

NOTE: This form may include provisions that the parents may not want. This is just a suggested plan. The only provision that is legally required is time-sharing (See Section 7). That is, the parents must specify when the child(ren) are to be with each parent, in the event a disagreement arises.

    If the parents do not wish a particular provision, just cross it out and initial where you crossed it out.

    This parenting plan has not been approved by any New Mexico appellate court. There have been no appellate cases involving such parenting plans as yet and there may not be for many years. It is possible that some provisions may, in the future, be found invalid, but we decided it was important to help parents and lawyers by providing a suggested plan now. Suggestions for improvement are welcome. Mail to Domestic Relations Clerk, 151 North Church Street, Las Cruces, N.M. 88001.