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Fill and Sign the Petition to Establish Parental Responsibility and a Parenting Form

Fill and Sign the Petition to Establish Parental Responsibility and a Parenting Form

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4A-302. Custody plan and order.STATE OF NEW MEXICOCOUNTY OF ________________________________________ JUDICIAL DISTRICT_____________________________________,Petitioner,v.No. _______________________________________________,Respondent.CUSTODY PLAN AND ORDER1_______________________ and _______________________ are the parents of thechildren listed below. This document is the custody plan and is in the best interests of thechildren. I.IDENTIFICATION AND CONTACT INFORMATIONParent’s namePhysical address andPlace of employment phone numberand phone number______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Child’s nameYear of birth Age_________________________________________________________________________________________________________________________________________________________[ ]The parties shall advise each other of any change to this contact information within ten(10) days of new information becoming available.II.CUSTODY OF THE CHILDREN2 (Choose either Option A, Sole legal custody, or Option B, Joint legal custody)[ ]A. Sole legal custody and visitation plan. (Do not fill out Option B if you choose this option)(Complete 1, 2, and 3)1._______________________________ (name of parent with sole custody) shallhave sole legal custody of the children. The parent with sole custody shall makethe important decisions regarding the children.2.The reason that sole custody is in the best interest of the children is because:____________________________________________________________________________________________________________________________________________________________________________________3.This is the visitation plan:(Choose a, b, or c)[ ]a.There shall be no visitation until further order of the Court.(Or)[ ]b._______________________________ (name of other parent) shall haveunsupervised visitation with the children as follows: (Fully describevisitation plan to include who shall transport the children and where andwhen the visitation shall occur. Attach additional sheets if necessary.)__________________________________________________________________________________________________________________________________________________________________(Or)[ ]c._______________________________ (name of other parent) shall havesupervised visitation with the children as follows: (Fully describevisitation plan to include who shall supervise the visitation, who shalltransport the children and where and when the visitation shall occur. Attach additional sheets if necessary.)__________________________________________________________________________________________________________________________________________________________________[ ]B.Joint legal custody and parenting plan. (Do not fill out Option A if you choose thisoption)1.Important decisions. The parents shall share joint legal custody of the childrenand shall make important decisions about the children together. No change regarding any of the following shall happen unless the parents both agree to thechange in writing or the court changes it:a.City and county of residence: _________________________________b.Religion: _________________________________________________c.Activities: ________________________________________________NameAddress and telephoned.Doctor___________________ ________________________________________________e.Dentist___________________ ________________________________________________f.School___________________ ________________________________________________g.Child care ___________________ ________________________________________________h.Other___________________ ________________________________________________2.Solving arguments. The parents shall resolve any parenting or time-sharingdispute regarding the children in this way (steps continue until problem solved):a.Talk together; orb.Communicate in writing as follows:i.parent requests change, and gives reasons for the change; andii.answering parent sends response within ______ days.If the answering parent does not agree to the change, that parent must saywhy, and, if possible, make a new proposal.c.Take the following steps:(check all that apply and number them if there is a particular order)[ ]___.Go to couple, family, or other counseling;[ ]___.Go to mediation with a neutral party;[ ]___.Other: ___________________________________;[ ]___.Go to court.3.Timesharing schedule. (Complete“Schedule 1” or “Schedule 2” below.)[ ]Schedule 1. Same schedule each week or every two weeks. (Set out the time that each parent shall have the children for that day.)Week 1________’s time________’s time(name of parent)(name of parent)Monday__________________________Tuesday__________________________Wednesday__________________________Thursday__________________________Friday__________________________Saturday__________________________Sunday__________________________Week 2________’s time________’s time(name of parent)(name of parent)Monday__________________________Tuesday__________________________Wednesday__________________________Thursday__________________________Friday__________________________Saturday__________________________Sunday__________________________[ ]Schedule 2. Write your own schedule. (Write your own schedule here orattach a separate sheet or calendar or make additions to Schedule 1.)___________________________________________________________________________________________________________________________________________________________________________________________________________________________________.4.Vacation and holiday plan.a.Vacations. The parents shall each have ____ [days] [weeks] (circle one) ofuninterrupted time with the children each year. Each parent shall give theother parent at least ____ [days] [weeks] (circle one) notice of the vacationtime.b.Holidays. Regardless of the day of the week, the children shall spendholidays as follows: (Insert name of parent who will have the children on eachholiday)Holidays:Even yearOdd yearTimes (if split) Mother’s Day______________From _________To _________Father’s Day______________From _________To _________Child’s Birthday______________From _________To _________Halloween______________From _________To _________Thanksgivingbreak______________From _________To _________Winter religiousholidays______________From _________To _________1st 1/2 winter break______________From _________To _________2nd 1/2 winter break______________From _________To _________Spring Break______________From _________To _________July 4th______________From _________To _________Other religiousholidays______________From _________To _________Others:______________From _________To _________The Monday of a 3-day weekend due to a school, federal, or state holiday isthe same as the Sunday schedule unless we agree differently. 5.Details about the timesharing.a.Communication. Each parent may have reasonable communication with thechildren at all times. Neither parent shall unreasonably interfere with thechildren’s communications with the other parent.b.Transfer of children. Responsibility for transferring the children from oneparent to the other shall be as follows (write what you will do here):__________________________________________________________________________________________________________________________________________________________________________. c.Long-distance transfer of children. Responsibility for transferring thechildren from one parent to the other in long-distance arrangements shall be asfollows (write down what you will do here):__________________________________________________________________________________________________________________________________________________________________________.d.Emergencies. If there is a medical emergency, the parent with the childrenshall try to call the other parent about the emergency. If the other parentcannot be reached, any decision for emergency medical treatment shall bemade by the available parent in the best interest of the children.e.Changes. Each parent may ask the other for changes to this schedule. Theother parent has the right to say “no.” If the other parent says “no,” the parentasking for changes shall not argue or criticize the other parent’s decision.f.Review of plan. The parents agree to meet [ ] every year (or) [ ] every ____years to make sure this plan continues to work well.VERIFICATIONI affirm under oath and penalty of perjury under the laws of the State of New Mexico thatI have read this document, that I agree with everything in it, and that the statements in it are trueand correct to the best of my knowledge and belief.________________________________________________________________Name of parent (print)Name of parent (print)________________________________________________________________Parent’s signatureParent’s signature________________________________________________________________DateDate________________________________________________________________Mailing addressMailing address________________________________________________________________Physical addressPhysical address________________________________________________________________TelephoneTelephoneSTATE OF NEW MEXICO)COUNTY OF _____________) ssAcknowledged, signed and sworn to before me this _____ day of _____________, _____ by______________________, the parent. ________________________________Notary publicMy commission expires: _______________________.STATE OF NEW MEXICO)COUNTY OF _____________) ssAcknowledged, signed and sworn to before me this _____ day of _____________, _____ by______________________, the parent.________________________________Notary publicMy commission expires: _______________________.Approved, adopted, and ordered by the District Court________________________________________________________DateDistrict Court JudgeUSE NOTE1.A custody plan must be filed in every dissolution of marriage case if the partieshave minor children or a child under nineteen years of age who is attending high school. Formore information about filling out this form, see Form 4A-300 NMRA.2.The parties should understand the difference between the rights and obligations ofjoint custodians and a sole custodian. Descriptions of these terms are set out in NMSA 1978,Section 40-4-9.1. See an attorney with questions you may have. Joint custody does not imply anequal division of the child’s time between the parents or an equal division of financialresponsibility for the child.[Approved by Supreme Court Order No. 13-8300-010, effective for all pleadings and papers filedon or after May 31, 2013, in all cases pending or filed on or after May 31, 2013; as amended bySupreme Court Order No. 14-8300-011, effective for all pleadings and papers filed on or afterDecember 31, 2014, in all cases filed or pending on or after December 31, 2014; as amended bySupreme Court Order No. 15-8300-024, effective for all pleadings and papers filed afterNovember 18, 2015.]

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