Family Law Questions? Ask a Family Lawyer Online.
Below is the exact wording used in parenting plan that was submitted to North Dakota court AND rejected by Judge. What would be the reason?
Both parties are notified that:
Yes, both parents signed off and VERY MUCH want to have this arrangement rather than having child support ordered.
The sole reason was Child Support!
The divorce as NOT granted and the reason stated was the child support area of the parenting plan....which to me states that they don't agree with either the set-up, wording, or that the Judge presiding wants to see child support going to one parent from the other. This was an uncontested, mediated divorce with both parents being very happy with agreements made. The papers were signed and filed with both parents present.
No, the parents went to courthouse together (Mom is family member), I was there....they literally went to courthouse together, filed the papers with the clerk, including parenting plan. Yesterday, they got a letter that stated that the divorce was not granted due to the child support of parenting plan. The answer was that short....a one sentence statement stating the divorce was not granted because of child support in parenting plan.
So, (and I realize this is not legal advice to be relied upon), in your opinion does the verbiage of the section about child support sound logical? That's what is so perplexing...they used a mediator who is with the ND Supreme Court Fam Project and used the STATE mandated parenting plan! Would your best guess be that it's the Judge being a stickler about wanting child support? That's kindof what most have said around here....
I hate to take up more time, just wondering if you could look this over quickly....it's hard to imagine a Judge wouldn't sign off on such a detailed and specific parenting plan because of child support. Do you see anything else that you think could have been the issue? Thank you for your help, I appreciate it! When she called the clerk, the clerk told her to get an attorney.....that's it. No help. They financially can't afford to put a 5k retainer fee down to hire one and that's what is required by most here. This is a very helpful service. Please, if you could, look at the document and let me know if you see any other issues. I'll let you go after that! Thank you! Here's the plan, full names, etc. omitted for privacy.:
II. GENERAL PROVISIONS
The parent who has medical insurance coverage on the children shall supply to the other parent an insurance card and, as applicable, insurance forms and a list of insurer-approved or HMO-qualified health care providers in the area where the other parent is residing.
We believe the most positive way to communicate is by: We agree that we will continue to maintain a healthy, respectful, and positive relationship with each other as co-parents. We further commit to continuing to strive for our relationship to remain as positive and healthy as it is now, for our children and for us as individuals who are committed to working together to raise well-rounded, happy children. Therefore, we believe we can properly communicate in any way needed, and will do so as outlined below.
Parents should always keep each other advised of their address, telephone numbers, and emergency contact information.
□ These clothes are to be considered the children’s clothes and shall go with the minor children to either parent’s home.
□ Both parents shall advise, as far in advance as possible, of any special activities so that the appropriate clothing belonging to the children may be sent.
□ In the winter, or cold months of the year, each parent shall ensure that the children have appropriate winter clothing to wear, regardless of parenting time.
□ Parents agree that Christin will provide all of the transportation for the children due to a medical issue of Robby, which prevents him from obtaining a driver’s license, or drive any motor vehicle. Christin expressly stated she is absolutely comfortable providing most of the transportation of the children for parenting time and otherwise, however, if it becomes necessary, parents will mutually agree on another responsible adult to help with transportation of the children if Christin cannot provide the transportation from time to time.
□ We agree that if either child wants to call the parent they are not with, we agree as co-parents that we will always allow our children to communicate liberally and consistently with both of us. Further, the parents acknowledge that this liberal contact has always been in place within our family, even during our separation. Both parents acknowledge that they are equally positive parents and influences in their children’s lives and agree that it would not benefit the children if there were not open and substantial communication between their children and either parent. As such, we agree that either child may phone, email, or use any other type of age appropriate communication to contact either parent, at any time they wish. Parents agree that if is especially important because of Robby’s current schedule at work, which calls for long hours, sometimes overnight. Though both parent’s goal is that Robby will see the children everyday at a prearranged and mutually agreed upon time, on the rare days where he cannot, this type of accessible communication is necessary and in the best interests of our children.
□ Parents may agree on a specified time for communication to the children so that the children will be made available if necessary due to schedule of either parent or child(ren).
□ A parent may wish to provide a child with a telephone calling card or cell phone or computer to facilitate communication with that parent.
□ Each parent has an unrestricted right to send cards, letters, packages, and DVD’S, CDs, etc.
□ Children also have the same right to send items to their parents.
□ Neither parent should interfere with any of the above mentioned rights.
□ A parent may wish to provide a child with self-addressed stamped envelopes for the child’s use in corresponding with that parent.
□ If the child and the parent have internet capability, communication through e-mail should be fostered and encouraged but with consideration for the number of e-mails and the amount of time spent on the computer.
□ Upon mutual agreement that there needs to be a change at any time.
□ After recommendation of the parenting coordinator
□ After recommendation of a professional (i.e. doctor, therapist, pastor)
□ After arrest or criminal activity by one or both parties
□ Upon verified chemical abuse /relapse
□ Upon an agency or Court finding of child abuse or neglect by one or both parties
□ Upon a court finding of domestic violence by one or both parties
□ Prolonged lack of contact with the child
□ The parents may change this plan by agreement, but all changes must be in writing, signed, and dated by both parents.
III. CHILD SUPPORT, INSURANCE, RESIDENTIAL RESPONSIBILITY AND PARENTING SCHEDULE
These provisions set forth where the children will reside and what contact the children will have with each parent. As parents, we recognize that the children benefit from ongoing and frequent contact with both of us, and that is our continued goal as co-parents. Thus, if events beyond our control such as illness or family emergencies, or otherwise prevent parenting time from occurring; we agree it is in our children’s best interest to arrive at a mutually agreeable substituted parenting time, as quickly as feasible. We also recognize that there will be times that substituted parenting time will not be possible due to the children’s schedules, or our own. We agree to follow our dispute resolution plan in resolving any conflict, which may arise.
****REMAINDER OF PAGE INTENTIONALLY LEFT BLANK****
Dad: Until 9 p.m.
At an mutually agreed upon time.
At 5 p.m.
Mom: at 9 p.m.
Additional Detail for Parenting Time Schedule: at an mutually agreed upon time, but not to interfere with school or activities or normal bedtime routine unless otherwise agreed to.
(Odd, Even, Every Year, or Regular Parenting time)
ODD (STARTING IN 2013)
YEARLY FROM 9 AM-9 PM
YEARLY, TOGETHER AT AN AGREED UPON TIME UNLESS OTHER ARRANGEMENTS MADE.
Thanksgiving WEEKEND: FROM WHEN SCHOOL GETS OUT UNTIL 9 PM.
MENTION OCCASSIONAL CHANGES AND CHLOE’S BIRTHDAY
Christmas Eve Day
YEARLY, FROM 10 AM UNTIL 8 AM CHIRSTMAS DAY
YEARLY, FROM 10 AM UNTIL 8 AM.
Parties will be planned and spent together unless otherwise agreed to yearly for both children.
Yearly, 9-am to 9 pm
Occasional Changes to Holiday Schedule: Parents agree that should they mutually agree to, that occasional changes to the holiday schedule outlined above may occur. Further, parents agree that from time to time and upon mutual consent, they may spend some holidays together, with the children.
IV. DECISION MAKING
V. DISPUTE RESOLUTION
a) Preference will be given to carrying out this Parenting Plan unless both parents agree to change a provision.
b) Unless an emergency exists, the parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support.
c) A written record will be prepared of any agreement reached in counseling or mediation and of each arbitration award and will be provided to each party.
d) If the court finds that a parent has used or frustrated the dispute resolution process without good reason, the court may award attorneys' fees and financial sanctions to the other parent.
After this parenting plan has been made a part of a court order or judgment, repeated, unjustified violations of these provisions may subject the offender to court sanctions, or, if continuous and serious, may result in modification of the parenting plan. One parent’s failure to comply with a provision of the parenting plan does not affect the other parent’s obligation to comply with the parenting plan. Violation of provisions of this plan with actual knowledge of its terms is punishable by contempt of court and may be a criminal offense. Violation of this plan may subject a violator to arrest, fines, imprisonment or sanctions or other remedies available under the law.
We, the co-parents, declare that this plan has been proposed in good faith and is in the best interest of our minor child(ren) and that the statements herein and are true and correct.
****PAGE INTENTIONALLY LEFT BLANK****
Great idea, I see exactly what you are saying. I'll tell them to request that....did you see anything else in the parenting plan that should be reviewed/reworded/or changed that a Judge could possibly reject? THANK YOU!
I'll rate you wonderfully! I heard back from Christin...this is exactly what the letter says, "The letter says exactly this it says your proposed findings and order were submitted to judge Rachel or his review and signature an he will not sign them. He said the stipulation and order so not comply with the statute concerning payment and child support and parenting plan. Parties may wish to contact a lawyer about what documents are required."
They used the STATE MANDATED parenting plan!!!! ....so what does he mean by that??? Just that it's not in compliance with the statute about payment and child support IN the parenting plan?!?! How can THEIR parenting plan not be in compliance??? I assume this is a typo OR Judge is talking about the child support area?
That's what I thought...just wanted to make sure it wasn't the entire parenting plan....as they used the state's mandated one, so it just simply must be child support. I'll take your suggestions back to them and go from there. Thank you SO much for your wonderful help! It's greatly appreciated!
Will do! Thanks again!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).