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- Parties' Agreed Parenting Plan -


A.           Custody and Parenting Time:

               1.               The parties shall be granted the joint legal and joint physical custody of the minor child.

               2.               Neither party is to be designated as the primary custodian of the minor child; however, the respondent's residence shall be designated as the principal residence of the minor child for purposes of mailing and education. 

               3.               The parties shall divide REGULAR PARENTING TIME as follows:

                              a.               SCHOOL YEAR:               From one week prior to the commencement of the school year, until the end of the school year, the parties shall divide the parenting time as follows:

                              (1)               The minor child shall be with the respondent Father subject to the hereinbelow stated time with the petitioner Mother.

                              (2)               The minor child shall be with the petitioner mother every Thursday from the end of the school day or 5:00 p.m., until Friday morning at the start of the school day or 9:00 a.m.; and, in addition, every other Friday from the end of the school day or, if the child is not in school on a given Friday, from 9:00 a.m., until Sunday at 6:00 p.m.

                              b.               SUMMER TIME:               From the end of the school year until one week prior to the commencement of the school year the parties shall divide the parenting time as follows:

                              (1)               The minor child shall be with the petitioner Mother subject to the hereinbelow stated time with the respondent Father.

                              (2)               The minor child shall be with the respondent Father every Thursday from 5:00 p.m., until Friday morning at 9:00 a.m.; and, in addition, every other Friday from 9:00 a.m.  until Sunday at 6:00 p.m.

                              c.               The party whose parenting time is beginning will retrieve the child from school or the other parent's home, or such other place as the parties may agree, at the beginning of said party's parenting time or at the end of the school day if the child is in school.

                              d.               Either party may designate an adult to retrieve or deliver the child.  Each party will advise the other of any adult that said party desires to list as an alternative person to whom the child can be delivered by any care provider.  The party responsible for arranging the care shall provide the adult designee(s)' name(s) to the care provider.  Any such adult designee shall be a responsible person, but neither party shall, without good cause, object to the other party's adult designee.  Good cause shall consist of knowledge of facts that establish that the minor child would be in danger of harm if the adult designee is allowed to transport the child.  Either party may use an adult designee for transport of the child during their parenting time at their own discretion.  Each party shall exercise reasonable care in decision-making with respect to adult designees.

                              e.               The parties may mutually decide on such variances of the above-stated regular parenting time as they may determine are appropriate from time to time.  Either party may agree to additional parenting time for the other party during the time of the year when the child is primarily in such party's care.  The goal of the parties is to provide a consistent and loving environment for the child, and to provide continuing, frequent, and meaningful contact between the child and each of her parents under circumstances which acknowledge the equal importance of each parent in the child's life.

               4.               SPECIAL PARENTING TIME:  The following "special parenting time" shall be the ONLY PARENTING TIME that varies from, or takes precedence over, the above-defined REGULAR PARENTING TIME.  Each parent shall have the below-recited special parenting time, and, in the event that the other parent loses regular parenting time because of a superceding special parenting time of the other parent, there shall be NO compensatory time.

a.               Petitioner shall ALWAYS have the child on MOTHER'S DAY from 6:00 p.m. on the Saturday before Mother's Day until 7:00 p.m. on Mother's Day.  The petitioner shall ALWAYS have the child on the petitioner's own birthday, from 6:00 p.m. on the day of her birthday until 9:00 a.m. on the day after her birthday.

b.               Respondent shall ALWAYS have the child on FATHER'S DAY, from 6:00 p.m. on the Saturday before Father's Day to 7:00 p.m. on Father's Day.  The Respondent shall ALWAYS have the child on the respondent's own birthday, from 6:00 p.m. on the day of his birthday until 9:00 a.m. on the day after his birthday.

c.               Petitioner shall have the child in EVEN NUMBERED years on the following holidays:  Easter Sunday, from 9:00 a.m. to 6:00 p.m.; Fourth of July, from 9:00 a.m. to 9:00 p.m.; Labor Day, from 6:00 p.m. on Friday to 7:00 p.m. on Monday; and Christmas Day, from 9:00 a.m. on Christmas Day to 9:00 a.m. the day after Christmas Day.

d.               Petitioner shall have the child in ODD NUMBERED YEARS on the following holidays:  Memorial Day, from 6:00 p.m. on Friday to 7:00 p.m. on Monday; Thanksgiving, from 6:00 p.m. on the day before Thanksgiving to 7:00 p.m. on the Sunday after Thanksgiving; Christmas Eve, from 9:00 a.m. Christmas Eve to 9:00 a.m. on Christmas Day; and the child's birthday, from 9:00 a.m. to 9:00 a.m. or the start of the school day on the day after the child's birthday.

e.               Respondent shall have the child in ODD NUMBERED years on the following holidays:  Easter Sunday, from 9:00 a.m. to 6:00 p.m.; Fourth of July, from 9:00 a.m. to 9:00 p.m.; Labor Day, from 6:00 p.m. on Friday to 7:00 p.m. on Monday; and Christmas Day, from 9:00 a.m. on Christmas Day to 9:00 a.m. on the day after Christmas Day.

f.               Respondent shall have the child in EVEN NUMBERED YEARS on the following holidays:  Memorial Day, from 6:00 p.m. on Friday to 7:00 p.m. on Monday; Thanksgiving, from 6:00 p.m. on the day before Thanksgiving to 7:00 p.m. on the Sunday after Thanksgiving; Christmas Eve, from 9:00 a.m. Christmas Eve to 9:00 a.m. on Christmas Day; and the child's birthday, from 9:00 a.m. to 9:00 a.m. or the start of the school day on the day after the child's birthday.

g.               Each parent shall be entitled to TWO-WEEKS OF CONSECUTIVE PARENTING TIME for the exercise of a vacation with the minor child on sixty days' written notice to the other parent; provided, that neither parent may exercise such two-weeks consecutive parenting time in a manner that deprives the other parenting of one of the herein-above recited "special parenting time" periods.

B.  Transfer of the Minor Child; Cost of Transportation

               1.               The party whose parenting time is BEGINNING shall provide transportation from school or the other party's residence at the commencement of their parenting time.

               2.               Each party shall retrieve the child from the residence of the other for the start of any SPECIAL parenting time, and shall deliver the child to the residence of the other at the end of any special parenting time if the child is scheduled to return to the other party's residence at the end of such special parenting time.

               3.               Each party shall bear the cost of any transportation he or she is to provide.

C.               Telephone Access.

               1.               Either party may have access to the minor child by telephone while said child is at the residence of the other party between the hours of 9:00 a.m. and 9:00 p.m. daily.

               2.               Neither party shall unreasonably deny telephone access of the other party to the minor child.  Neither party shall unreasonably exercise telephone access.

               3.               If either party leaves a telephone message for the minor child at the residence of the other party, the party at whose residence the message was left shall make every reasonable effort to assist the minor child in returning the call from the other party.

D.               Notification of Request for Temporary Variance From the Schedule; Additional Sharing Provisions

               1.               Each party shall advise the other party by telephone and in writing as soon as said party becomes aware of a need for a temporary variance from the parenting schedule.  No request for temporary variance shall be made for an unreasonable purpose or in an unreasonable manner, and no reasonable request for temporary variance shall be unreasonably refused.

               2.               The parties shall keep one another informed as to work schedules, vacation plans, or other information that might impact upon the need for, and ability to accommodate a request for a temporary variance from the parenting schedule.

               3.               Neither party shall unreasonably deny a request by the other party for a temporary variance in the parenting schedule.

               4.               Either party may travel out of town with the child during said party's parenting time, but if the party is going to take the child outside of a fifty-mile radius of Kansas City, Missouri and stay overnight, then such party shall notify the other parent of a telephone number at which the traveling parent can be reached in the event of an emergency.

E.               Decision-Making Rights and Responsibilities

               1.               Each party shall have equal access to the educational, medical and dental information of the minor child.  The respondent shall provide all schools, extra-curricular programs, health, dental and visioncare providers, and any and all other agencies or entities involved in the child's life with a copy of the decree entered in this cause adopting and approving this parenting plan, and with a copy of this parenting plan.  The petitioner shall provide a copy of such documents to any program in which the petitioner enrolls the child during the summer.  The parties shall advise all such persons, entities or agencies that the parties have JOINT LEGAL AND JOINT PHYSICAL CUSTODY of the minor child and that each should be notified of any occurrence involving the child of which a parent would normally be notified, including but not limited to disciplinary action, medical emergencies, illness, educational difficulties, awards, or any other such occurrences.

               2.               Each party shall provide self-addressed, stamped envelopes to the child's schools, doctors, dentists and other care providers for the mailing of information regarding the child to said party.

               3.               The parties shall keep one another informed of all information of which they each become aware regarding educational, medical, dental, extra-curricular, or other activities or issues regarding the minor child.  The respondent shall provide the petitioner with the child's school schedules by telecopy or mail on the day that the respondent receives them, and each party shall provide the other with extra-curricular activity schedules by telecopy or mail on the day that the either becomes aware of them or receives them.

4..               The parties shall jointly confer on major decisions relating to the education, medical and dental care of the child.  Each party shall be responsible for day to day decisions regarding the child when said child is in the care of each party, including medical decisions, and any day to day, non-major parenting decisions.  The parties shall keep each other advised of any occurrences involving the child that happen while the child is in each of their homes.  The parties shall respect each other's homes, and shall in all things acknowledge that they are joint legal and joint physical custodians of the minor child, with equal parenting rights.  Neither party shall dictate the day to day events in the other parties' household, but each party shall cooperate to provide the minor child with a consistent, caring, nurturing, safe environment.

5.               In the event that the parties cannot agree on major decisions relating to the education, medical, and dental care of the child, or any on aspect of this parenting plan, the parties shall participate in at least five hours of a mediation with a jointly selected, court-approved family mediator prior to filing any motion to modify this parenting plan.  The costs of said mediator shall be allocated in accordance with Section H, paragraph 1 of this parenting plan unless otherwise ordered by a court of competent jurisdiction.  If the mediated issue does not involve a proposed change in the parenting plan, then the costs shall be equally born by the parties unless otherwise ordered by a court of competent jurisdiction.

               6.               The parties shall keep each other informed of current home and work telephone numbers and addresses.

7.               The child shall maintain the same  health, dental, vision and mental health care providers that she currently has unless the parties together agree on a change.

               8.               The cost of extra-curricular activities shall be paid as follows:  The parties shall mutually select, in consultation with the child to the extent appropriate, the activities in which the child will engage.  Unless otherwise agreed, the parties shall each pay for any activity in which they enroll the minor child.

               9.               The parties acknowledge that they are each bound by the provisions of this parenting plan, which shall be incorporated into the judgment herein entered. The parties agree to provide a copy of this parenting plan and the decree to any future spouses, and agree to ask their respective spouses to abide by the terms and spirit of this parenting plan and the associated decree adopting and approving this parenting plan.

 F.           Child Support; Educational Expenses; Extraordinary Cost of Child-rearing; Health Insurance, Co-Pays and Unreimbursed Medical Expenses; Tax Deduction           

1.               The presumed child support, calculated pursuant to Rule 88.01, Form 14, is $98.00 per month, to be paid by the petitioner to the respondent, and $627.00 to be paid by the respondent during the summer to the petitioner.  Such amounts are rebutted as unjust and inappropriate, in light of the amount of time the parties will each be spending with the minor child.  The parties agree that each will pay the expenses of the child when the child is in their care, and that neither will pay child support to the other.  The parties agree that there is no arrearage for child support for either party to pay the other.

2.               The child is currently enrolled in Rushton Elementary School.  If the parties agree that the child will attend private school in the future, the respondent shall pay the costs thereof unless otherwise agreed.

3.               Provision for post-secondary educational expenses shall be made by mutual agreement at a later date.  If the parties are unable to agree on such provisions, then the mediation provisions of this plan will be invoked prior to the filing of a motion to modify.

4.               There are no other extraordinary costs of child-rearing.

5.               The respondent presently provides health insurance coverage for the minor child through his employer.  He shall continue to do so and shall pay the costs thereof.  The parties shall each pay any co-pays, prescriptions or unreimbursed medical expenses incurred during the time that the child is with them; that is, during the school year, the respondent shall pay those incurred, and during the summer, the petitioner shall pay those incurred.   If the petitioner incurs any such costs during the school year, she will consult with the respondent before incurring them to the best of her ability; and if the respondent incurs any such costs during the summer, he will consult with the petitioner to the best of his ability.  The costs of emergency share will be handled on a case by case basis.  The respondent shall provide the petitioner with appropriate insurance cards or numbers so that the petitioner can obtain medical attention for the child through the respondent's insurance carrier when the child is with her.

5.               The petitioner shall take the child as a deduction on her state and federal taxes for tax year 2000.  The respondent shall take the child as a deduction on his state and federal tax year for each year commencing with tax year 2001.

H.               Modification of Parenting Plan; Violation of Parenting Plan:

1.               In the event that either party desires a modification in the parenting plan or a change in daycare or school arrangements for the child, and the parties cannot agree on such issue, then the parties shall utilize five (5) hours of mediation with an agreed, approved Family Court mediator from the approved list maintained by the Jackson County Circuit Court.  The parties shall equally bear the cost of such mediation.   Good faith participation in such mediation shall be a condition precedent to the filing of a motion to modify in this cause where such Motion addresses aspects of the parenting plan or its enforcement.

2.               In the event that either party fails to comply with a term of this parenting plan, and fails to provide the other party a satisfactory explanation for such failure, then the parties shall participate in four hours of mediation with a mutually selected family mediator prior to the filing of a Motion alleging contempt for such failure.  The party claiming failure shall not do so unreasonably.  The party failing to comply with the parenting plan shall pay the cost of such mediation unless a court of competent jurisdiction later determines that the failure was in good faith or justified under the circumstances of such failure.

               3               If either party is found, by a court of competent jurisdiction, to have knowingly and intentionally violated the terms of the hereinabove parenting plan other than because of an emergency involving child abuse or neglect, or other than in a medical emergency, then said party shall pay the reasonable costs and attorneys fees of the party seeking judicial enforcement or action because of such breach.

I.             Notice of Relocation:  Notice of proposed relocation of the principal residence of the minor child shall be in strict compliance with Section 452.377 of the Revised Statutes of the State of Missouri, 2000 or as hereinafter revised.

- - M. Corinne Corley, Corley Law Firm


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