IN THE COURT OF COMMON PLEAS
DOMESTIC RELATIONS DIVISION
JUDGMENT ENTRY UNCONTESTED DIVORCE
Case No. 94-12-2673 JUDGE JUDITH A. NICELY REFEREE
JANICE GUI
Pamela S.
Lautenschlager
Plaintiff
-VS. -
Ray R. Lautenschlager
392
Lindenwood
Defendant
On April 6, 1995, Referee Gui made certain Findings of Fact and Recommendations to the Court.
3. By agreement of the parties, the parenting plan is hereby supplemented to provide that the child shall attend school in the district where the-Defendant resides.
JUDGE Judy A. NICELY
SHARED PARENTING PLAN
Pamela S. Lautenschlager (hereafter referred to as "Mother') and Ray R. Lautenschlager (hereafter referred to as "Father') hereby propose that the allocation of parental rights and responsibilities between Father and Mother for the care of their minor child, Kevan R. Lautenschlager born June 21, 1990, be made in accordance with the terms of the Shared Parenting Plan set forth below.
1. Possession
SCHEDULE
A. Both parties shall be the residential parent and legal custodian. Both Father and Mother shall have liberal and flexible access to the minor child, with the goal of maintaining a close mother-child and father-child relationship, to include:
1. Each parent shall have said child on
alternating weeks beginning at
2. On Wednesday of each week the parent not in possession of said child shall have visitation on Wednesday of said week, the exact time to be agreed upon between the parties.
3. Each parent shall be entitled to visitation with said child during the week that said child is out of possession to attend family functions, weddings and the like and to participate in the child's extracurricular activities including club meetings and sports events.
4. Each parent agrees to advise the other of their intention to exercise said extended visitation with said child and will confirm said visitation at least three (3) days in advance.
5. The parent shall have visitation with said child on alternating birthdates the exact time period to be agreed upon between the parties.
6. Each parent shall have visitation with said minor child on their respective birthdays the exact time period to be agreed upon between the parties.
B. Holidays and Days
of Special Meaning
1. Father's Day of each year shall be spent with the Father, the exact time frame to be agreed upon between the parties.
2. Mother's Day of each year shall be spent with the Mother, the exact time frame to be agreed upon between the parties.
3.The time allocated for each period for New Years Day, Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas Eve, Christmas and New Years Eve, shall be agreed upon between the parties.
C.VACATIONS
1. Each parent shall be entitled to a maximum two- (2) weeks vacation during the child's summer vacation. Each parent has a right to have the telephone number of the child during any vacation away from each parent's respective residence. In the event the child spends a vacation away from the respective residence of a parent, then the other parent has a right to know and have information concerning all arrangements for said vacation such as travel times, duration, location and the like.
2. All vacation information shall be given at least fourteen (14) days in advance of the beginning of said vacation.
3. Any vacation with the respective grandparent of said child shall be considered as part of the vacation period of the parent.
4. Each parent shall be responsible for the compliance of the respective grandparent with respect to the term, conditions and compliance of this Shared Parenting Plan.
5. In the event said vacation period does not involve out-of-town travel, then the parent not exercising the vacation period shall have the right to the regular midweek visitation as provided herein.
D. The parent shall exert every reasonable effort to maintain free access and unhampered contact between the child and each of the parents and to foster a feeling of affection between the child and the other parent. Neither parent shall do anything that may estrange the child from the other parent, or grandparents, injure the opinion of the child as to his Father, Mother or grandparents, or hamper the free and natural development of the child's love and respect for the other parent.
II. DECISION MAKING AUTHORITY:
A. Whichever party has physical possession of the minor child shall have full responsibility for the care of said child during the period of said possession, including the right to make all day-to-day decisions regarding said child.
B. The parties shall consult with one another regarding all major decisions affecting the minor child's physical, mental, moral and emotional development, before acting or choosing to refrain from acting upon such matters, except in those instances where an immediate decision is required. Either party shall promptly notify the other of the need for any such major decision, and then both parties shall discuss any and all options available which either party believes would be in the best interest of the minor child. The parties shall make a good faith effort to reach an agreement with respect to any action to be taken or forborne.
In the event that the parties cannot reach an agreement as to any major decisions, the parties agree to have their dispute mediated by a neutral third party, said party not to be related to or associated with either of the parties herein, before pursuing a resolution of the dispute through the Court. Any costs incurred as the result of the use of a mediator, shall be paid equally by both parties.
C. If a situation arises which requires parental notification and consent, then both parents shall be required to consent. An exception to this paragraph shall be for school field trips if the only consent required by the school is that of the possessory parent at the time of the scheduled event. In cases of medical emergencies, or where there is no reasonable possibility of notifying the other parent prior to the time consent is required, the consent of one parent to treatment shall suffice. The other parent shall be notified of the situation as soon as practicable.
D. Both parents shall continue in the rearing, training and disciplining of the minor child. Both parents shall, to the best of their abilities, employ consistent methods and techniques in the upbringing of the minor child. Each parent shall refrain from criticizing or degrading the other parent in the presence of the minor child. Each parent shall encourage and attempt to enhance a positive attitude about the other parent to the child.
III. EDUCATION
A. It is the intent of both Mother and Father to remain active in all of the child's school activities, including parent/teacher conferences, and both parents shall have free access to any of the child's teachers and schools and shall be permitted to attend all school activities and, special events. Each parent grants to the other free access to any and all school records of the minor child. Each parent hereby authorizes all school principal, administrators, teachers, counselors and record custodians that may have involvement in the affairs of the minor child to cooperate and allow both parents equal access to any and all records and/or information involving the minor child. Both parents shall notify any school that the child attends to forward to each parent duplicates of report cards, teacher evaluations, and notices of any and all parent/teacher conferences or other school activities.
IV. HEALTH CARE:
A. Decisions regarding routine medical problems or initial emergency medical problems arise while the child is in the possession of one parent shall be decided by the parent who then has possession of the minor child. In the case of initial emergency medical care, the parent who has possession of the minor child at the time such care is required shall make every attempt to immediately contact the other parent to inform them of the emergency. Major medical care, including but not limited to elective surgery, treatment for major medical problems and follow-up care for emergency problems shall be decided by mutual agreement. If the parties cannot agree, they shall submit their dispute to the mediator, as provided for in Paragraph II (B) of this Plan.
B. Both parents shall be responsible for seeing that the child receive proper medical and dental care throughout the period of his childhood and shall mutually agree upon the person(s) to provide such care, Mother and Father shall communicate immediately and regularly with each other regarding any medical or dental care required by the child, which communication shall include the fullest possible disclosure of all known facts concerning such medical or dental care.
C. Each parent grants to the other free access to any and all medical, dental, and psychological records of the minor child. Each parent authorizes all treating physicians, dentists and mental health professionals, medical, dental, and mental health facilities, or any other medical, dental, and mental health authorities and any record custodians that may have involvement in the affairs of the minor child to cooperate and allow the other parent equal access to any and all records and/or information involving the minor child,
V. CHILD'S ACTIVITIES:
A. Either parent may enroll the child in extracurricular activities, such as music lessons, sports or cultural programs. Otherwise, such activities must be by mutual agreement of both parents. The parent enrolling the child in any such activity shall be responsible for all costs associated therewith. In the event that the child is enrolled in an activity by mutual consent of the parents, payment of the costs of such activity shall be agreed upon. Further, the parent in possession of the minor child at the time of any such activity shall be responsible for the transportation of the child to and from such activity.
VI. SUPPORT OF THE CHILD:
A. Neither parent shall pay child support to the other until further order of a Court with competent jurisdiction.
B. Each party shall keep in full force and effect health policies providing medical and hospital benefits for said minor child when available through their respective employment. Each party shall pay one-half the ordinary medical care costs of said minor child.
C. Each party shall on alternate years claim the minor child as a dependent for the purpose of reporting tax exemptions until the child reaches the age of maturity.
VII. CLOTHING AND
PERSONAL PQSSESSION OF CHILD:
A. Each parent shall be responsible for providing sufficient appropriate clothing for the minor child for each period of possession by the Mother or Father, based on the lifestyle of the parents and child'. If the planned activities by Mother or Father require special or unusual clothing needs, each must notify the other of such fact at lease two (2) days in advance of her possession period,
B. All toys, pets and other personal possessions owned and/or principally used by the child may be kept by the child at whichever residence he prefers, or transported between residences with the child. This deferral to the child's wishes shall be subject only to such reasonable constraint to which both Mother and Father shall agree. Any items brought by the child to the other parent's residence shall be returned with the child unless the child intends to keep the items at one parent's residence.
VIII. RELOCATION:
Neither party
shall relocate or move the place of residence of the child (presently
IN WITNESS WHEREOF, the parties have affixed their signature
at
The following are some small adjustments that have been made
to this agreement. They are minor and have no bearing on the parenting time or
rights of either the father or mother.
1. Mother will
have the final say in all health matters if there is a disagreement.
2. Father will
have the final say in all education matters if there is a disagreement.
3. The parties
must give each other thirty days advance notice before changing residences.
4. All vacations
plans must be give thirty days in advance.
