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Shared Parental Responsibility Overview

Shared parental responsibility is when both parents have been given shared parental responsibility. f in your case there is a court order that directly or indirectly conflicts with any provision of this Statement you MUST obey that court order unless or until the court expressly instructs you to do otherwise.

If the courts order shared parental responsibility this mean both parents are to abide by the following guidelines:

  1. Both parents shall communicate so that major decisions that affect the child shall be made in consultation with each other. Said decisions include, but are not limited to, education, discipline, religion, medical, and the general parenting of the child.
  2. Each parent shall diligently remember to encourage and promote, between the other parent and child, good relations, love and affection, spending time with and giving attention to the other parent when that parent has the child. Neither parent shall obstruct, impede nor interfere with the other parents’ right to associate with and enjoy the company of the minor child unless there is a court order that requires such behavior.
  3. Each parent shall have access to records and information about the minor child including, but not limited to, medical, dental and school records. Each parent, where possible shall independently obtain this information. When this information is not readily available to the other parent each parent is encouraged to obtain and share this information with the other parent. If there is a cost of obtaining information for the other parent that parent must pay the cost to the other parent before that parent has a duty to obtain the information.
  4. Neither parent shall in the presence of or around the child make any disparaging remarks about the other parent or call the other parent by an obnoxious or offensive name, use slang or curse words when referring to the other parent, or ask the child about the other parent’s private life. Any feelings of ill will, dislike, hatred, lack of respect, or anger held by one parent against the other or held by both parents, shall not be exhibited in the presence of or around the child. The relationship between the parents shall be as respectful and courteous as possible, when dealing with matters relating to the child.
  5. Each parent has a duty to communicate directly with the child concerning his or her relationship with the child to the extent warranted by the child’s age and maturity. Neither parent can expect the other parent to act as a "go between" or "buffer" between the other parent and the child. For example, if parenting time is missed or changed by a parent and the child asks why, that parent should discuss this with the child.
  6. Both parents shall be entitled to participate in and attend activities in which the child is involved, such as religious activities, school programs, sports events and other activities and important school and social events in which the child participates. Each parent has the duty to independently obtain knowledge of and information about these events. If information is exclusively or uniquely known to one parent, then that parent has the duty to timely inform the other parent, within a reasonable period of time before the event.
  7. The child’s legal surname (last name) shall not be changed except by court order. The child shall be referred to by the child’s legal surname in all proceedings (including but not limited to: school, medical, religious, day care records, etc.) and occasions (including but not limited to social events, religious events, school activities, family gatherings, at home, work or play). While legal stepparents often participate significantly in the life of the child and bonds of love and affection are formed, enjoyed and encouraged, each parent must remember that the stepparent is NOT to overshadow or displace the role of the other parent in the child’s life. While it is acceptable for the child to use a respectful name commonly associated with the role of a parent when talking to or about the stepparent, that name shall not replace the name of "Mother" or "Father" (or common derivative, e.g. mom, dad) used by the child to refer to the child’s parents.
  8. The PRP has a duty to discuss with the SRP the advantages or disadvantages of all major decisions regarding the child and to work together to reach a joint decision. For example, this duty would include an obligation to discuss a decision to remove a child from public school to enroll the child in private school. It would not include a decision to have a child’s bangs trimmed.
  9. The PRP has the responsibility to offer to the SRP the opportunity to care for the child, whenever reasonably possible, when the PRP is away due to work or other obligations. That is, the SRP shall have a right, superior to that of all third parties, to care for the child in the PRP’s absence, in accordance with the Standard Parenting Schedule (see paragraph K.).

Shared Parental Schedule

If you have been ordered or have agreed to share parental responsibility for their minor child(ren), what guidelines will I be required to follow? Unless other terms or provisions are specified in the Court’s judgment or orders in this proceeding or, if approved by the Court, in the agreement of the parties, shared parenting means that:

  1. Thanksgiving Holiday: Thanksgiving holiday begins from the time school recesses, or one (1) hour after school recesses (the one [1] hour does not apply if the SRP supplies all clothing, accessories, etc.) or it starts otherwise at 6:00 p.m. if due to work related reasons the SRP is unable to start parenting time after school recesses. Visitation ends the following Monday morning when the child is taken to school.
  2. Christmas Vacation: The Christmas vacation period shall be divided equally in accordance with the child’s school Christmas vacation period. Christmas vacation shall start at the time school recesses, or one (1) hour after school recesses (the one [1] hour does not apply if the SRP supplies all clothing, accessories, etc.) or it starts otherwise at 6:00 p.m. if due to work related reasons the SRP is unable to start parenting time after school recesses, and shall conclude on the day school reconvenes following Christmas vacation. The SRP shall have the child for the entire second half of this vacation/visitation period in odd-numbered years. In even-numbered years, the SRP shall have the child the first half of this Christmas period.
  3. Easter: Easter often falls within Spring Break vacation. In the event it does not, then the SRP shall have the child on Easter from 8:00 a.m. through 9:00 a.m. Monday morning during odd-numbered years, and the PRP during even-numbered years. If Easter falls within the Spring Break vacation period, then parenting time shall be pursuant to Paragraph 3 (D) below.
  4. Spring Break: Spring Break will be divided equally between the parents, with the SRP having the child the first (1st) one-half (1/2) of that vacation period in odd-numbered years. In even-numbered years, the SRP shall have the second (2nd) one-half (1/2) of that vacation period. Spring Break parenting time starts from the time school recesses, or one (1) hour after school recesses (the one [1] hour does not apply if the SRP supplies all clothing, accessories, etc.) or it starts otherwise at 6:00 p.m. if due to work related reasons the SRP is unable to start parenting time after school recesses. Spring Break concludes when the child is taken to school on the first (1st) day that school reconvenes following Spring Break.
  5. Fall Break: In the event the child’s school elects to have a Fall Break, the Fall Break shall be divided equally between each parent. The PRP shall exercise the first (1st) one-half (½) of Fall Break each year, and the SRP shall exercise the second (2nd) one-half (½) of Fall Break. Fall Break parenting time shall commence from the time school recesses, or one (1) hour after school recesses (the one [1] hour does not apply if the SRP supplies all clothing, accessories, etc.) or it starts otherwise at 6:00 p.m. if due to work related reasons the SRP is unable to start parenting time after school recesses and shall conclude when the child is taken to school on the first (1st) day that school reconvenes following Fall Break.
  6. Birthdays: In odd-numbered years, the child shall celebrate his or her birthday at the home of the SRP. In even-numbered years, the child shall celebrate his or her birthday at the home of the PRP. If the child attends school, parenting time shall commence from the time school recesses, or one (1) hour after school recesses (the one [1] hour does not apply if the SRP supplies all clothing, accessories, etc.) or it starts otherwise at 6:00 p.m. if due to work related reasons the SRP is unable to start parenting time after school recesses and shall conclude when the child is returned to school, or by 9:00 a.m. to the other parent’s residence, or day care (if applicable) the following morning. If the birthday falls on a weekend, it will be from 8:00 a.m. through 6:00 p.m. When appropriate, the parent holding a birthday for the child may wish to consider inviting the other parent to the child’s party. If the parties have more than one (1) child, all children between the parties shall enjoy their sibling’s birthday party. If the child is not of school age, that child can be picked up as early as noon, if a parent’s schedule permits for exercising birthday visitation.
  7. Summers: The SRP shall have parenting time the first (1st) one-half (1/2) of summer break visitation during odd-numbered years, and the second (2nd) one-half (1/2) during even-numbered years. The PRP shall have the same weekday and weekend visitation, as well as communication rights, during the summer as the SRP has during the year, except that each parent has a right to have the child for uninterrupted parenting time for a maximum of two (2) weeks or longer, if the parties otherwise agree in writing. The uninterrupted parenting time shall occur during that parent’s part of summer parenting time unless otherwise agreed in writing. Each party should attempt, when possible, to give the other party as much advance notice of when they will be exercising extended shared parenting during the summer. Any period of uninterrupted shared parenting shall not conflict with any holiday or birthday visitation unless the parties otherwise agree in writing. The summer break parenting time shall commence from the time school recesses, or one (1) hour after school recesses (the one [1] hour does not apply if the SRP supplies all clothing, accessories, etc.) or it starts otherwise at 6:00 p.m. if due to work related reasons the SRP is unable to start parenting time after school recesses. Summer break concludes at 6:00 p.m. on the seventh (7th) day prior to school reconvening for the next school year.
  8. Hours of Shared Parenting: Hours of shared parenting for Memorial Day, July 4th, Labor Day, Mother’s Day, Father’s Day, Birthdays, and school planning days, shall be from 9:00 a.m. until school begins the following morning (if in session), or otherwise at 9:00 a.m. the following morning when the child is returned to the PRP, or day care, if applicable.
  9. School Planning Days: Parents are to divide all school planning days equally. In that regard, the PRP should notify the SRP at the beginning of each school year as to when all school planning days are scheduled, so that the SRP can make efforts to spend this additional time with their child on a rotating basis. If the parties cannot agree, the PRP shall have the first school planning day, and every other school planning day thereafter.
  10. Cancellation by Secondary-residential Parent: Forty-eight (48) hours notice shall be given by the SRP to the PRP if parenting time will not be exercised for any scheduled parenting time. Otherwise, the SRP is expected to pick up the child at the appointed time. Any shared parenting time canceled without forty-eight (48) hours notice by the SRP shall be forfeited unless the non-parenting time is caused by illness, extended work hours, or a physical impossibility to pick up the child. In that event, and if make-up parenting time is requested, it shall be in accordance with Paragraph 12.
  11. Itinerary: Each parent (PRP, SRP) shall provide to the other an itinerary when parenting time will be exercised in a different locale other than the home or in the usual place of parenting, consisting of an exact address of the location of where the child shall stay during this time, the length of the stay, all persons’ names who may provide care for the child during the stay, the departure date, the date of return/arrival, telephone number where the child can be reached during the day, and/or a cell phone number if available when that parent intends to spend any substantial portion of time at some place other than his/her home. Substantial is defined as three (3) days or more.
  12. Scheduled Events: In the event the child has an extracurricular activity or social event, e.g., softball game, ballet, Scout meeting, then both parents are required to assure the child’s attendance, provided the parents have agreed that the child will participate in these activities, and the child is not otherwise ill or unable to attend due to extraordinary circumstances.
  13. Weekday Parenting Time: The SRP shall have parenting time each Wednesday from the time school recesses, or one (1) hour after school recesses (the one [1] hour does not apply if the SRP supplies all clothing, accessories, etc.) or it starts otherwise at 6:00 p.m. if due to work related reasons the SRP is unable to start parenting time after school recesses until the following morning when the child is either taken to school, returned to the PRP or day care, if applicable. If school is out of session, the child shall be returned to the PRP or day care provider, no later than 9:00 a.m. the following morning. In the event the child is in day care, the SRP shall be able to pick up the child at any time he/she desires. The PRP shall provide written authorization for the SRP to pick up the child whether at school or day care. Weekday parenting time shall commence on the first (1st) Wednesday following a hearing addressing parenting time, mediation, or such times as the parties may otherwise agree in writing.
  14. Religious Days/Holidays: The Court recognizes that this schedule (and the typical school schedule) revolves around certain religious days/holidays. If one or both parties are of a different faith or nationality, then those religious days/holidays shall be shared equally
  15. Transportation: The child shall be transported to and from parenting time by the SRP, the parent’s spouse, the grandparents, or by a third-party agreed to by both parents. However, the PRP shall be responsible for transportation during the summer when it is the SRP’s scheduled summer parenting time.
  16. Waiting: The child and the PRP shall have no duty to await the arrival of the SRP for more than thirty (30) minutes. If the child is not picked up by the SRP within that time, parenting time shall be forfeited for that visitation period, unless the SRP’s lateness is excused by illness, extended work hours, or a physical impossibility to arrive on time, or a telephone call explaining the reason for the delay before the thirty (30) minutes have elapsed.
  17. Cancellations by PRP: In the event the child is ill and unable to safely leave the home, the PRP shall give the SRP twenty-four (24) hours notice, if possible, in order that appropriate alternate plans can be made in accordance with Paragraph 12. If medication has been prescribed for the child, then that medicine shall accompany the child, and shall be given as prescribed. The doctor’s name and phone number shall be shared. In the event an accident or illness occurs while in the care of either parent, that parent shall notify the other parent as soon as practical.
  18. Communications: The child shall be entitled to telephonic communication with the PRP at least once each day and more often if the child desires or initiates the call, during any period of visitation. Said communication may be initiated either by the child or the PRP and, shall be exercised at such time as will be least disruptive to the child’s normal routine. Conversely, the SRP shall be entitled to the same telephonic communication when he/she is not exercising parenting time. Each parent shall keep the other advised of the child’s current address and telephone number.
  19. Make-up Parenting Time: If weekend parenting time is missed, it shall be made up on an "alternate weekend" (presumably the weekend immediately following the missed parenting time period). The regular parenting time shall then recommence the following weekend. Summer, Spring Break, Fall Break, and Christmas make-up days shall be added to the parenting time schedule the following summer, Spring Break, Fall Break, or Christmas. Make-up parenting for weekday visitation shall be made up the next day, or otherwise is forfeited unless the parties otherwise agree.
  20. Rotation Schedule: Many parents choose to follow, and Courts may approve, a rotation of parenting time-sharing arrangement between parents and their children. Rotating parenting arrangements may include, but are not limited to, alternating Thursdays from the time the child is released from school or day care, until Tuesday morning at which time the child shall be returned to school, day care, or the other parent, as the case may be; alternating weeks from Sunday at 6:00 p.m. to the following Sunday at 6:00 p.m.; or six/nine-week periods of rotation which are commensurate with (equal to) the child’s school schedule. Holidays should be exercised according to the above schedule when parents are rotating parenting time with their child.
  21. Adequate Clean Clothing for the Parenting Time: Clean and appropriate (correct size, seasonally correct, etc.) clothing shall be supplied by the PRP, and all clothes shall be returned by the SRP to the PRP in the same condition.
  22. Pre-school Aged Children (before age 6): Pre-school children who are not enrolled in a pre-school program may have more flexibility as it relates to summer vacation, Christmas holidays, Thanksgiving holidays, Spring Breaks, and Fall Breaks. As such, rather than equally dividing the summer, parents may wish to spread this time over the months of the year. Parents are permitted to change the above schedule for pre-schoolers in accordance with Paragraph 22 below. In the event the parents cannot agree to these changes to the benefit of their child, then the parents shall follow the Shared Parenting Schedule.
  23. Relocation of PRP: When the PRP intends to relocate outside the current residential area, he/she shall provide the SRP with ninety (90) days written notice prior to relocation. Sometimes circumstances (e.g., unexpected job promotion or transfer, applied for but unanticipated acceptance into school or a training program, etc.) may place the relocating parent in a position of not having sufficient knowledge to give ninety (90) days notice, in that event, the relocating parent shall give written notice within a reasonable period of time. In such a circumstance, thirty (30) days is presumed to be a reasonable period of time.
  24. Attorney's Fees and Court Costs: In the event a contempt hearing is held and one (1) parent has been found in contempt for violation of this Shared Parenting Schedule, then the parent found in contempt shall be subject to appropriate sanctions, which may include (but are not limited to) payment of the other parties’ attorney’s fees and costs.
  25. Child Support: Non-payment or late payment of child support is not a legal or acceptable reason to deviate from this schedule. Conversely, denial of parenting time will not legally justify non-payment or late payment of child support.
  26. Grandparents: Grandparents usually have a desire to maintain a relationship and contact with their grandchildren. Conversely, grandchildren benefit from maintaining a strong and loving relationship with their Grandparents. The parents are strongly encouraged to share parenting time with the paternal and maternal Grandparents.
  27. Flexibility: Each parent is encouraged to mutually agree to change his/her schedule to suit the needs of the child first (1st) and themselves secondly. The parties may, by mutual agreement, change the terms of this Shared Parenting Schedule. However, if the parties change the terms of this Shared Parenting Schedule and do not submit and obtain a Court order adopting the change, in the event of a dispute, the Court will find this Shared Parenting Schedule controls.
  28. Operation of Amended Shared Parenting Schedule: This Shared Parenting Schedule shall operate retroactively, and affects all family law cases which have adopted the Standard Visitation Schedule and any version thereof, including the Blanchard, Gilliam and Kuder Standard Visitation Schedules.
  29. Adjustment of Agreement: The parties are permitted to mutually adjust this Shared Parenting Schedule. It is preferable to reduce any adjustment to writing, signed by both parties and notarized. The parties may reach an unwritten agreement also, but if the Court, in its exercise or its discretion, chooses to recognize the agreement, it will only adopt and/or enforce an agreement that has been reduced to writing, signed by both parties and notarized.
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