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If you are unsure about how to complete the Parenting Plan, you may consider setting an appointment for mediation with Family Court Services (827-5051), where a counselor will assist in establishing an age appropriate plan for your child(ren).

Lines 1 through 4 are the caption of the case.

(1) Write in the name of the county where you reside.

(2) Write in your full name (Petitioner).

(3) Fill in your case number. This is the number that the Court Clerk assigned to your case when it was first opened. The case number will always be the same on all pleadings.

(4) Write in the full name of the other party (Respondent).

(5) This section is to indicate how the child(ren) will spend their time during the week.

(6) This section is to indicate the day and time the weekend starts and ends.

(7) This section is optional. You may create a calendar regarding visitation and attach it to the Parenting Plan. Be sure to indicate the year and times of day that the calendar begin and end in the space provided.

(8) This section is to indicate the number of weeks allowed for each parent to schedule vacation with the child(ren). You also need to indicate how many days notice each parent will need to give the other parent before scheduling a vacation.

(9) This section is optional.

(10) Indicate how the child(ren) will spend their birthday each year.

(11) This table is used to indicate how the child(ren) will spend the holidays, regardless of the

day of the week.

(12) Write in how the child will be transported between visitations.

(13) Check either A or B. If you check A, fill in the blank for the number of days until you review this plan, e.g., 30, 60, 90, etc.

(14) This section is used to indicate the status of the child(ren).

(15) This section is regarding about how to solve arguments. The table provided lists problem

solving steps. Check and number the steps that will apply to you. If they all apply, number the choices in order.

(16) The Mother will need to sign her name in front of a notary public. DO NOT sign except in front of a notary public.

(17) This section will be completed by the notary public. DO NOT fill in any of this

information.

(18) The Father will need to sign his name in front of a notary public. DO NOT sign except in front of a notary public.

(19) This section will be completed by the notary public. DO NOT fill in any of this

information.

  1. LEAVE THIS BLANK. The Judge will date the document the same day he signs it.

  1. LEAVE THIS BLANK. The Judge will sign on this line.

FIRST JUDICIAL DISTRICT COURT

STATE OF NEW MEXICO

COUNTY OF

,

Petitioner,

vs. Case Number:

,

Respondent.

PARENTING PLAN


1. Legal Custody

We agree to share joint legal custody of our children; that is, neither of us will make a major change affecting our children in the areas of religion, residence, non-emergency medical care, education or major recreational activities without consulting with the other parent. 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 we have chosen and set out in this parenting plan.


2. Time-Sharing

We will share time with the children as follows:

Weekdays:________________________________________________________

_________________________________________________________________

_________________________________________________________________.

Weekends: Weekends begin at ______ o'clock (Friday) (Saturday) [Choose 1]and end at ______ o'clock (Sunday) (Monday), unless Monday is a legal holiday, in which case the weekend ends at ______ o'clock (Monday) (Tuesday).

(Optional): We have attached a calendar for the year _____ to this plan, and have marked in red the days the children will spend with mother and in blue the days the children will spend with father. Days for this calendar begin at _____ o'clock and end at _____ o'clock.

Vacations: Each parent will have uninterrupted time with the children for ______ weeks each summer if that parent gives the other at least _____ days notice.

(Option for young children): Until the youngest child reaches age _____, uninterrupted vacation time with parent is limited to ____ weeks. Between the ages of ____ and ____, that time will be ___ weeks. Between the ages of ____ and ____, that time will be ____ weeks. After reaching age ____ , vacation time will be ____ weeks.

Holidays: Regardless of the day of the week, the children will spend:

(a) Mother's Day and mother's birthday with mother;

(b) Father's Day and father's birthday with father;

(c) Children's birthdays with _______________ in even-numbered years

and with __________________ in odd-numbered years.

Children will spend their time on holidays as follows:

Even-numbered yrs Odd-numbered yrs

Easter _______________ _______________

Thanksgiving _______________ _______________

Christmas _______________ _______________

__________________ _______________ _______________

__________________ _______________ _______________

Telephone: We agree that the children have a right to place phone calls to and receive phone calls from the absent parent.

Changes: Each of us is free to ask for exceptions to this schedule, but we understand that the other parent can say "no", and we will not argue about it.

Transportation: We will divide the responsibility for getting the children to and from each other's house, day care, school, etc., as follows:

__________________________________________________________________

__________________________________________________________________.

3. Trial Period or Permanent Plan: (Check one)

A. [ ] We have not tried this time-sharing schedule before, so we agree that we will review the time-sharing 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 using the method set forth in paragraph 6 below. If we litigate, a "Material Change in Circumstances" will not have to be proved in order to change the schedule.

B. [ ] We have already tried this time-sharing schedule, so we intend it to be permanent. We recognize, however, that as our children grow and our lives change, it may be necessary to change the schedule from time to time. We agree that this is a major change that we have to discuss and agree on, and if necessary follow the dispute resolution procedures set out in paragraph 6 below.


4. The Status Quo -- What we have now:

(a) Religion __________________________________

(b) Doctor __________________________________

(c) Dentist __________________________________

(d) Other medical __________________________________

(e) School __________________________________

(f) Recreation __________________________________

We agree that neither of us will remove, cause to be removed, or permit removal of the children 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 6 below.

5. Emergencies

In case of a medical emergency, if time allows, the parent with that period of responsibility will contact the other parent concerning treatment of the child. 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.

6. Dispute Resolution

We will discuss all major changes in the children's lives in order to try to reach agree-ment. If we cannot agree, after discussion, we will:

[ ] Participate in family counseling to try to reach agreement.

[ ] Participate in conciliation or mediation to try to reach agreement.

[ ] Submit the matter to __________________ for binding arbitration.

[ ] Allocate ultimate responsibility to _______________ for decisions.

[ ] submit the matter to the District Court, which may refer the matter to a special master, or who may terminate joint custody, among other resolutions.

[NOTE: If more than one method of dispute resolution is desired, number the choices

in order (#1 for the first method to be used, #2 for the second method, etc.)].


7. General Matters

In order to foster a continuing relationship between our children and both of their parents, we both agree:

(a) to be actively involved in the major decisions and legal responsibilities of our children.

(b) to communicate and be flexible about the needs of our children, especially as those needs change due to growth and development.

(c) to be supportive of and positive about the children's relationship with the other parent. Each of us will give loving permission to the children to enjoy the relationship with the other parent and neither of us will interfere with the parent-child relationship of the other.

(d) neither of us will align the children against the other parent or the other parent's family.

(e) We agree that each of us is responsible to keep the other parent informed of the children's school functions, parent-teacher conferences and recreational activities.

I Agree: I Agree:

________________________________ ___________________________________

SUBSCRIBED and SWORN TO before me on this date:______________

Mother=s Signature Father=s Signature

SUBSCRIBED and SWORN TO before me on this date:

My Commission Expires: ___________________

________________________________ NOTARY PUBLIC


My Commission Expires: ___________________

_________________________________ NOTARY PUBLIC


APPROVED:

Date: ____________________________________

District Court Judge

INSTRUCTIONS FOR COMPLETING AN

ORDER ESTABLISHING PARENTAGE, CUSTODY,

TIME-SHARING AND CHILD SUPPORT

  • To complete this order you will need a copy of your “Petition to Establish Parentage, Custody, Time-Sharing and Child Support.”

  • Read the overview first.

  • Type, or print neatly using black ink.

For numbered paragraphs that offer choices separated by “OR”, CHOOSE ONLY ONE.

Lines 1 through 4 are the caption of the case.

  1. Write in the name of the county where you reside.

  1. Fill in your case number. This is the number that the Court Clerk assigned to your case

when it was first opened. It will always be the same.

(3) Write in your full name.

  1. Write in the full name of the other parent.

  1. Write in the full name of the child(ren).

  1. Write in the county where the Petitioner lives.

  1. Write in the name of the mother of the minor child(ren).

  1. List the name(s), date(s) of birth and the present age of the child(ren).

  1. Write in the name of the father of the minor child(ren).

  1. List the name(s) of the child(ren).

  1. Check the box that describes what the finding of paternity is based on. If there is more

than one child, write the name of each child next to the appropriate box. For instance, if

there are two children, and the father’s name is on one child’s birth certificate, write that

child’s name in parentheses on the line next to “Birth Certificate”. If the father’s name is

not on the other child’s birth certificate, but paternity has been established by genetic

(DNA) testing, write that child’s name in parentheses on the line next to “Genetic

Testing”.

  1. If you check (Other), write in the basis for the finding of paternity.

  1. Check box (a) if you want joint custody.

OR, Check box (b) if you do NOT want joint custody, then write in the name of the parent who should have primary parental rights.

  1. Check box (a) if you are using a separate Parenting Plan. Attach a copy of the Parenting

Plan to the Order.

OR, Check box (b) if you are not using a separate Parenting Plan. Fill in the visitation or time-sharing schedule you are asking the Judge to approve in the space provided.

(15) Check box (a) if you are using the amount of child support determined by the Child Support Worksheet. Fill in the name of the party the Worksheet says pays child support. Then fill in the amount of child support from the Worksheet. Be sure to attach the completed, signed and dated Worksheet.

OR, Check box (b) if the amount of child support deviates (does NOT follow the Worksheet) from the Child Support Guidelines. Fill in the name of the party the Worksheet says should pay child support. Then fill in the amount of child support that will be paid per month. In the space provided write down why the Child Support Guidelines should be not be followed. Be sure to attach the completed, signed and dated Worksheet.

(16) Check box (a) if you want the child support withheld from the party paying child support. Write in the amount child support to be withheld each month. Child support will be withheld by the payor’s employer. The employer will pay that amount to the Child Support Enforcement Division (CSED). CSED will then pay you.

OR, Check box (b) if you want to waive wage assignment and have the payments made by one parent directly to the other parent.

(17) Write in the name of the natural mother.

(18) Write in the name of the natural father.

(19) Write in the name(s) of the child(ren) and the date(s) of birth. (Note: they should match the name(s) and date(s) of birth in number (8).

(20) Check box (1) if you want joint custody. (Note: if you selected (13) (a), on page 3 of this order, you must choose this option.)

OR, Check box (2) if you do not want joint custody. Then write in the name of the parent the child(ren) will live with most of the time.

(21) Check box (1) if you are using a separate Parenting Plan. OR

Check box (2) Choose this box if you are not using a separate Parenting Plan. Fill in the visitation or time-sharing schedule in the space provided. (Note: This should be the same as in (13)(b) on page 3 of this Order.)

(22) Fill in the name of the party the Child Support Worksheet says should pay child support.

(23) Fill in the amount of child support to be paid each month.

(24) Fill in the name of the parent who will receive the child support.

(25) Fill in the day of the month that child support will be paid (for example: the 1st or

15th).

(26) Fill in the month selected to begin the child support payments (this is often the first month following the preparation of the Order).

(27) Fill in the number to show the year child support payments will begin.

(28) This is the same day as for line 25.

29) and (30) Select the date for the parties to exchange financial information each year, so

adjustments can be made for future child support. This is required in New Mexico. Fill in the day selected, (29). Fill in the month selected (30). This is often May or June, so the tax returns for the previous year are available.

(31) Procedure for paying child support. There are three choices, pick the one that applies.

Check box (1) if you want to waive wage assignment. Fill in the name of the person who will receive the child support. Then fill in the address of a person. NOTE: if you selected 9(b) on page 5 of this Order, you must select this paragraph.

OR, Check box (2), if the child support is to be withheld from the income of the party paying child support. NOTE: if you checked box for 9(a) on page 5 of this Order, you must select this paragraph. Fill in the name and social security number of the party paying the child support. Then fill in the Child Support Enforcement account number (located in section (b) to be shown on each child support payment withheld and sent to the agency. In order to obtain a case number, you MUST file a child support case with the NM Child Support Enforcement Division. The Child Support Enforcement Division may be reached at 1-800-288-7207 or on the website: /csed.

OR, Check box (3) if the parent who is to receive child support receives assistance from the Human Services Department of the State of New Mexico (TANF). Fill in the Child Support Enforcement account number in section b.

(32) Check this box if payments on back child support are going to be made in addition to the current child support obligation.

(33) Fill in the name of the person who will pay the additional payments.

(34) Then fill in the total amount of back child support that is owed.

(35) Fill in the amount of additional monthly payments for paying off the back child support.

(36) Check this box if childbirth/hospital/medical expenses are to be paid. (This is usually used if there are medical expenses for childbirth still unpaid, but can be used for reimbursing the mother if she has paid her own medical expenses.)

(37) Fill in the name of the person who will pay the childbirth/hospital/medical expenses.

(38) Fill in the total amount of childbirth/hospital/medical expenses owed to all persons or businesses.

(39) List the name of each person or business who will receive a payment for these expenses. Then fill in the amount to be paid along with an explanation concerning each service that has been provided.

(40) Check this box if health and dental insurance is to be provided for the child(ren).

(41) Write in the name of the parent who will pay the insurance.

(42) Check this box if you want to determine how medical expenses not covered by

by insurance will be provided for the child(ren).

(43) Write down the arrangement for paying medical expenses not covered by insurance in the space provided.

(44) Check this box if life insurance will be provided.

(45) Fill in the name of the parent who will have the life insurance coverage.

(46) Fill in the “benefit amount” of the life insurance.

(47) Write in the name(s) of the child(ren) as listed in (10) on page 2 of this Order.

(48) LEAVE THIS BLANK. The Judge will fill in this section.

(49) LEAVE THIS BLANK. The Judge will sign on this line.

(50) The Petitioner signs on this line.

(51) The Respondent signs on this line.

(52) A signature is required on this line before submitting the order to the Judge if the child(ren) receive TANF. If the child(ren) are on TANF, then this line will be signed by an attorney in the Child Support Enforcement Division showing approval of the child

support provisions.

FIRST JUDICIAL DISTRICT COURT

STATE OF NEW MEXICO

COUNTY OF ________________

,

Petitioner,

vs. Case Number:

,

Respondent.

and involving,

,

The Minor Child(ren)



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