Parenting Plan MSA Template

PARENTING PLAN — MARITAL SETTLEMENT AGREEMENT

This Parenting Plan and Marital Settlement Agreement is made and entered into by and between Parent Name: and Parent Name: (collectively, the Parties) on the date indicated below: .

RECITALS

WHEREAS, the Parties were married and are now undergoing dissolution of marriage and seek to resolve all matters concerning the care, custody, and visitation of their minor child(ren); and

WHEREAS, the Parties recognize their mutual duty to foster continuing and frequent contact between each parent and the child(ren) consistent with the child(ren)'s best interests; and

WHEREAS, the Parties wish to reduce to writing agreed terms addressing legal decision-making, parenting time, holiday and vacation schedules, exchange procedures, dispute resolution, and related matters.

NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending to be legally bound, the Parties agree as follows:

1. CHILDREN

The children subject to this Parenting Plan are as follows:

2. LEGAL DECISION-MAKING (CUSTODY)

The Parties agree that legal decision-making authority for the child(ren) shall be:

Joint legal decision-making (both parents must confer and make a good faith effort to agree on major decisions regarding education, health care, and religious upbringing).

Sole legal decision-making by Parent Name:

If joint decision-making is selected and the Parties reach an impasse on a major decision, the Parties shall follow the dispute resolution process set forth in Section 11.

3. PHYSICAL PARENTING TIME SCHEDULE

Primary residence of the child(ren) shall be with Parent Name: . The Parties agree to the following regular parenting time:

4. HOLIDAYS AND SPECIAL DAYS

The Parties agree to allocate holidays and special days as follows. If a specific holiday is not listed, the Parties shall share or alternate as agreed in writing.

5. VACATIONS

Each parent shall be entitled to up to weeks of uninterrupted vacation parenting time per calendar year, subject to written notice to the other parent at least days in advance. Vacation periods that exceed the foregoing require mutual written agreement.

6. EXCHANGES, TRANSPORTATION, AND COMMUNICATION

Exchanges of the child(ren) shall occur at the following location(s): . The parent responsible for transportation for a given exchange shall be documented in the schedule; absent such designation, the parent beginning parenting time shall be responsible for pickup.

The Parties shall permit reasonable telephone and electronic communication between the child(ren) and the non-residential parent during reasonable hours, without interference or monitoring by the other parent, except where a court order or substantiated safety concern dictates otherwise.

7. EDUCATION, HEALTHCARE, AND RECORDS

The Parties shall have access to the child(ren)'s school, medical, dental, and related records. Notices and decisions regarding non-emergency medical care and educational placement shall be given in writing or electronic mail to the other parent within a reasonable time.

8. INSURANCE, EXPENSES, AND TAX EXEMPTIONS

The Parties shall maintain health insurance coverage for the child(ren) as available through employment or private purchase. Uninsured health-related expenses shall be allocated as follows:

9. RELOCATION

Neither parent shall relocate with the child(ren) outside a mile radius from the child's primary residence without prior written consent of the other parent or an order of the court. Notice of any proposed relocation shall be provided at least days in advance and shall include the proposed new address and proposed parenting time modifications.

10. SAFETY, SUBSTANCE ABUSE, AND PROTECTIVE ORDERS

Neither parent shall expose the child(ren) to illegal drug use or to alcohol consumption that impairs the parent's ability to care for the child(ren). If a parent is subject to a protective order, supervised visitation or restrictions shall apply as required by the order. Substance abuse that materially threatens the child's health or safety shall be grounds for temporary modification of parenting time pending assessment or treatment.

11. DISPUTE RESOLUTION

Prior to filing a motion with the court for modification or enforcement of this Parenting Plan, the Parties shall participate in non-binding mediation with a mutually acceptable mediator for at least one session. If mediation is unsuccessful, either party may seek relief from the court. Emergency matters affecting the health or safety of the child(ren) are excluded from this mediation requirement.

12. MODIFICATION AND ENFORCEMENT

This Parenting Plan may be modified by written agreement signed by both Parties or by order of the court upon a showing of a material change in circumstances affecting the child's welfare. The prevailing party in any enforcement action shall be entitled to recover reasonable attorneys' fees and costs if provided by statute or court order.

13. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses below by personal delivery, certified mail, or overnight courier, and shall be effective upon receipt.

14. MISCELLANEOUS

Entire Agreement: This Parenting Plan constitutes the entire agreement between the Parties with respect to the matters addressed herein and supersedes all prior discussions or agreements, whether written or oral.

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state in which the dissolution proceeding is filed, without regard to conflict-of-law principles.

Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect and the invalid provision shall be modified to the extent necessary to effectuate the Parties' intent.

Waiver: The failure of either party to enforce any provision of this Agreement shall not operate as a waiver of that provision or of the right to enforce it in the future.

Counterparts: This Agreement may be executed in counterparts and may be delivered by facsimile or electronic image, each of which when executed shall be deemed an original.

15. SPECIAL PROVISIONS

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