Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

download Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

of 18

Transcript of Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    1/32

    IN THE CIRCUIT COURT OF COOK COUNTY,

    ILLINOIS

    COUNTY DEPARTMENT DOMESTIC RELATIONS

    DIVISION

    IN RE THE PARENTAGE OF )

    )

    Child Name,

    )

    A Minor Child,)

    )

    FatherName or Mother,

    )

    )

    Petitioner,

    ) No.__ D ______(case #)

    and

    )

    )Mother Name or Father Name,

    )

    )

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    2/32

    Respondent.

    )

    JOINT PARENTING AGREEMENT

    Pursuant to the laws of the State

    of Illinois, this Joint Parenting Agreement

    (Agreement) is made and entered into this

    day of , 2010, by

    and between Father Name, hereinafterreferred to as Father Name, andMother

    Name, hereinafter referred to asMother

    Name, freely and voluntarily, to provide

    for an amicable resolution of the issues

    dealt with herein.

    Page 1 of 17

    1. CUSTODY

    A. Father Name andMother Name agreethat each party is a fit and proper person

    to

    have the joint care, control and

    education of the one (1) minor child,

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    3/32

    namely, CHILD FULL NAME, born

    July 11, 2008, age 2.

    B. Father Name andMother

    acknowledge their childs continuing need

    for close,

    frequent and continuing contact

    with both parents and the need for both

    parents to

    participate in the events and

    decisions affecting the childs rearing andwell-being.

    C. Father Name andMother agree that

    they shall jointly parent their minor child

    during the balance of the

    childs minority, that they shall have a

    custodialarrangement is their minor

    childs best interest.

    D. Father Name andMother agree that

    Mother shall be the residential parent,

    with whom the parties child

    shall reside on daily basis, subject toFATHER

    right to exercise liberal and

    meaningful visitation with the child as

    hereinafter

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    4/32

    specified. The parties

    acknowledge that their child currently

    resides in Chicago,

    Illinois.Mother agrees that sheshall not remove the child from the County

    of

    Cook, State of Illinois to live

    on a permanent basis, unless Father Name

    agrees to

    the same.

    2. STATEMENT OF INTENT

    A. It is the intention of both

    parties that this Joint Parenting Agreement

    set forth a

    workable arrangement forparenting which respects the jurisdictional

    boundaries of

    each parent and each parents new

    household.

    Page 2 of 17B. The Parties agree and acknowledge

    that both parents should have an active and

    continuing influence in the life

    of MATEO, however, to optimize their

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    5/32

    respective

    relationships with the child,

    both parents also agree that:

    1. Each must decline tointerfere with and/or comment upon the

    childs

    independent relationship

    with the other parent and his/her child

    rearing

    decisions; and

    2. Each must respect the

    separate dominion and privacy of the other

    parents

    new household.

    C. Father Name andMother

    specifically agree that they shall exercisetheir best

    efforts to see to it that

    neither they nor they day care

    provider(s) nor significant

    other(s) nor members of each

    partys immediate or extended family make

    derogatory comments about or in

    any way malign the other party.

    3. EDUCATION

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    6/32

    A. Each parent shall take thenecessary action with the authorities of

    the child is

    enrolled to:1. List the other parent as a parent

    of the child and list each other as a

    person to

    contact in the event of an

    emergency;

    2. Authorize the school to release to

    each parent all information concerning

    the

    child; and

    3. Insure that each parent receives

    copies of any notices regarding the

    child.

    B. Each parent shall promptly

    transmit to the other parent any

    information received

    in writing or by telephone

    concerning parent-teacher meetings, school

    club

    meetings, school programs,athletics schedules and any other school

    club meetings,

    Page 3 of 17

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    7/32

    school programs, athletics

    schedules and any other school activities

    in which thechild may be engaged or

    interested within forty-eight (48) hours of

    receipt.

    C. Each parent shall furnish to the

    other parent, a photocopy of the childs

    report card,attendance and tardiness records,

    and copies of any other reports concerning

    the

    childs status or progress within

    forty-eight (48) hours of receipt.

    D. The parents shall arrangeappointments for parent teacher

    conferences. Each parent

    shall have independent access

    and the right to communicate with any

    teachers

    regarding the child.

    E. The parties agree that they shall

    make joint decisions regarding the school

    the child

    shall attend, any summer school

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    8/32

    or summer programs the child may attend and

    any

    extracurricular educational

    activities the child may become involvedin. The parties

    agree that in making these

    decisions, their primary consideration is

    in the best

    interest of the child and the

    childs abilities, interests and aptitudes.

    Neither party

    shall unreasonably withhold his

    or her consent. The parties further agree

    that the

    Schools recommendations with

    regard to summer school shall take

    precedent.

    F. The parties agree that Father

    Name may enroll the child in extra-

    curricular

    activities; however, if the

    activity requires financial contribution

    fromMotherthe parents must agree and

    jointly decide on the activity before

    incurring the

    expense.

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    9/32

    Page 4 of 17

    4. MEDICAL AND HEALTH CARE

    A. Each parent shall take thenecessary action with the medical and

    health care

    providers of child to:

    1. List the other parent as a

    parent of the child and list each other as

    a person to

    contact in the event of an

    emergency; and

    2. Authorize the medical and

    health care providers to release to each

    parent all

    information concerning the

    child;

    B. Each parent shall promptly inform

    the other of any major illness of the child

    which

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    10/32

    may require emergency medical

    attention. Major medical treatment of each

    child

    shall only be performed afterconsultation with the other parent. If a

    dispute arises as

    to whether major medical treatment

    shall be performed, the decisions shall be

    made

    by the childs physician, unless

    one of the parents petitions the court.

    Emergency

    surgery may be performed without

    consultation with other parent when

    necessary for

    the preservation of life or to

    prevent a further serious injury. However,the other

    parent shall be informed as soon

    as reasonable following the emergency.

    C. Each parent shall inform the other

    of any medical or health problems which

    arisewhile the child are with the

    parent. Each parent shall provide the other

    with any

    medications the child are taking

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    11/32

    at the time of the physical transfer of the

    child.

    D. Each parent shall, when requested,

    provide information to the other parent

    regarding

    the names, addresses, telephone

    numbers and other necessary information

    concerning

    the providers of any medical care

    to the child.

    Page 5 of 17

    5. VISITATION

    The parents agree to reasonablevisitation privileges as set forth in the

    visitation schedule

    and made part hereof and marked

    Exhibit A.

    A. The parents shall adhere to thefollowing rules with respect to thechild:

    1. Each parent shall refrain from

    discussing the conduct of the other

    parent in the

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    12/32

    presence of the child except in a

    laudatory or complimentary way. The

    child shall

    not be informed of any disputeswhich arise between the parents.

    2. The issue of support for the child,

    either as to amount, manner or

    transmission of

    payment, shall not be raised in the

    presence of the child.

    3. Visitation with the minor child

    shall not be withheld because of the

    nonpayment

    of child support. The payment of

    child support shall not be withheld

    because ofthe refusal to grant visitation.

    4. Neither parent shall theater to

    withhold visitation or the return of the

    child after

    visitation.

    5. Each parent shall prepare the child

    both physically and mentally for the

    transfer of

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    13/32

    possession to the other parent.

    6. The visiting parent shall advise the

    other parent WITHIN 48 HOURS if thatparent is unable to exercise a planned

    visitation with the child. The parents

    shall

    use their best efforts to reschedule

    taking into consideration commitments,

    activities and schedules of the

    parents and child. The parents agree to

    share

    transportation of the child to and

    from visitation.

    Page 6 of 17

    7. Neither parent shall unreasonably

    question the child regarding the

    activities of

    the other parent.

    8. Either parent may temporarily takethe child to another state or outside of

    the

    United States for vacation or for

    other good reason with reasonable notice

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    14/32

    to the

    other parent as long as it does not

    interfere with the other parents

    scheduled timewith the child and does not exceed

    three (3) days.

    9. In the event that either parent

    takes the child for an extended period

    of time to a

    place other than the parents

    residence, the parent shall inform the

    other parent of

    the address and telephone number

    where the child can be contacted

    pursuant to

    paragraph 5 A (8) above.

    10. Each parent shall have liberal

    telephone contact with the child and

    each parent

    shall ensure that these calls take

    place. Each parent shall have a properly

    working

    answering machine and shall not use

    a privacy manager or other such

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    15/32

    telephone

    feature to prevent the receipt of

    phone calls from the other. If a parent

    attempts tocall the child and is unsuccessful,

    the other parent shall have the child

    return the

    call as soon as possible.

    11. When the child is invited to attend asocial function (e.g., the birthday of a

    classmate), the parent having the

    child on the day of the function shall be

    responsible for taking the steps

    necessary to have the child attend said

    function,

    unless the function requires the child

    to spend the night.

    Page 7 of 17

    12.Mother shall provide appropriate

    clothing for the child when the child

    visit

    with Father Name and Father Name

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    16/32

    shall return the clothing toMother

    after the visitation.

    6. MEDIATION OF CONFLICTS

    A. Except as otherwise provided

    herein, if any conflicts arise between the

    parents as to

    any of the provisions of this

    Joint Parenting Agreement or theimplementation

    thereof, the complaining parent

    shall first notify the other parent of the

    nature of the

    conflict and both parents shall

    make reasonable attempts to negotiate a

    settlement of

    the conflict. Wherever practicable

    under the circumstances, notice of said

    conflict

    shall be made in writing and given

    to or mailed to the other parent. The

    parentreceiving notification of the

    conflict shall, when practicable, reply to

    the notification

    of the similar manner in writing.

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    17/32

    If the parents are unable to resolve their

    conflict

    within a reasonable period of

    time, the parents agree to mediate theirconflict

    through a private, professional

    counseling/mediation provider in all

    matters which do

    not involve any immediate danger to

    the physical, psychological or emotional

    health

    of the child. The parties agree

    that if they cannot reach an agreement, and

    have to

    attend and participate in

    mediation, they will do so in good faith

    and the cost of saidmediation shall be shared equally

    between the parties.

    7. MEDICAL INSURANCE AND EXPENSES

    A. The Parties shall split the costs of

    the deductible required by the benefit

    provider.

    Mother shall pay fifty percent

    (50%) and Father Name shall pay fifty

    percent

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    18/32

    (50%).

    Page 8 of 17

    B. Mother shall provide Father Name

    with a copy of the medical, dental and

    optical

    insurance policies, the policy

    numbers, the medical, dental and optical

    insurance

    cards, claim forms and any and all

    other relevant necessary information on an

    ongoing basis as needed by the

    child.

    8. REMOVAL

    A. Neither Father Name norMother shall

    permanently remove their child from the

    State of Illinois without first

    obtaining a Court Order permitting such

    removal.

    Father Name andMother acknowledge

    and agree that any request to so remove

    the child from the State of

    Illinois without a Court Order shall be

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    19/32

    considered an

    attempt to terminate the joint

    parenting agreements set forth in this

    Joint ParentingAgreement.

    B. Neither Father Name norMother shall

    temporarily remove their child from the

    State of Illinois without first

    giving the other party the following

    information: thestreet address and telephone number

    of each place where the child will be

    staying, the

    times and dates of the childs

    departure and return, and a general travel

    itinerary.

    Neither party shall remove the

    child from the United States without the

    prior written

    agreement of the other parent

    Page 9 of 17

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    20/32

    9. CHILD SUPPORT

    A. Father Name shall pay toMother asand for child-support, the sum of

    $____ (U.S Dollars) per month, whichrepresents 20 percent of Father

    Names net income, FROM ALL SOURCES.Support for each child shallterminate upon the emancipation ofeach child.

    B. Emancipation shall be defined asthe occurrence of the first of thefollowing events:

    1. Childs death2. The childs attaining the age of

    18 years or completion of a high

    school education, whichever lateroccurs, but in no event beyondthe childs 19th birthday.

    3. The childs maintaining a full-time residence outside the homeof the parent having primary care

    for him, exclusive of thatchilds residence at a secondaryboarding school, camp, or similarfacility.

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    21/32

    4. The childs obtaining a full timeemployment, exclusive ofemployment during school

    vacations periods.

    5. The childs induction in thearmed services of the UnitedStates or the National Guard; or

    6. The childs marriage.Page 10 of 17

    C. Unless otherwise indicated, allpayment of child support shall bepaid by Father Name directly to

    Mother via a Uniform Order forSupport and a Notice to WithholdIncome for Support.Mother andFather Name agree that they shallsign any and all forms necessary toimplement said mode of payment, asrequired by the Circuit Court of

    Cook County, Illinois.

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    22/32

    BY SIGNING BELOW, THE PARTIES DO HERBY

    ATTEST THEY HAVE READ AND UNDERSTOOD THIS

    JOINT PARENTING AGREEMENT IN ITS ENTIERETY.

    THAT THEY BELIEVE THIS JOINT PARENTINGAGREEMENTTO BE FAIR AND IN THEIR CHILDS

    BEST INTEREST, AND THAT THEY INTEND TO BE

    BOUND BY THE TERMS AND CONDITIONS HEREOF.

    _____________________

    ____________________

    Father Name

    Mother

    _____________________

    ____________________

    Date

    Date

    Date: ____________________

    ____________________

    Judge

    Page 11 of 17

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    23/32

    EXHIBIT A

    VISITATION SCHEDULE

    1. REGULAR VISITATIOND. Father Name shall be entitled to

    regular parenting time with thechild two days a week for five (5)hours each day, depending on Father

    Names work schedule.

    E. The parties agree that they will goto Family Counseling in September2010 to determine if overnightparenting time may commence inDecember 2010.

    F. After December 2010 Father Nameshall be entitled to possibility ofparenting time with the child, whocould spend the night at the

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    24/32

    fathers house, especially after aholiday.

    G. The parties shall ensure and assistthe child with the homeworkassignments when they are with themduring their respective parentingtime.

    Page 12 of 17

    H. In the event either parent mustcancel his or her visitation, theyshall give the other parent 48 hoursnotice of such cancellation. Theparents shall use their best effortsto reschedule taking into

    consideration commitments,activities and schedules of theparents and the child. The parentsagree to share transportation of thechild to and from visitations.

    2. HOLIDAYS / SUMMER VACATION / GENERALRULES

    A. Father Name and Mother agree that aparent will be with the minor child

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    25/32

    during holidays from 11:00 a.m. to5:00 p.m., according to the followingschedule, unless otherwise agreed upon

    by the parties.

    B. Father Name andMother agree thatshould the child have to attend schoolon any of the following holidays,school attendance shall takeprecedence over the holiday.

    C. The parties may allocate otherholidays and school holidays betweenthem in the future based uponagreement as the child age. Visitationon school holidays and any otherholiday not listed shall be from 11:00

    a.m. until 6:00 p.m.

    D. The parties shall celebrate MATEOsbirthday together, but will alternatewho organizes the minor birthdaycelebration.

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    26/32

    Page 13 of 17

    HOLIDAY EVEN YEARS ODD YEARS

    New Years Eve Father Name Mother

    New Years Day Father Name Mother

    Martin Luther

    King, Jr. Day

    Mother Father Name

    MothersBirthday

    (5/16)

    Mother ALWAYS

    Mothers Day Mother ALWAYS

    Lincolns

    Birthday

    Father Name Mother

    Presidents

    Day

    Mother Father Name

    Pulaski Day Father Name Mother

    Easter*

    Memorial Day*

    Independence

    Day*

    Labor Day*

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    27/32

    Page 14 of 17

    Halloween

    Thanksgiving

    Break

    Father Name Mother

    Christmas Eve Mother Father Name

    Christmas Day Father Name Mother

    Childs

    Birthday

    (7/11)

    Father Name Mother

    MexicanIndependence

    (9/15)

    Father Name ALWAYS

    Peruvian

    Independence

    (7/28)

    Mother ALWAYS

    FathersBirthday

    (8/13)

    Father Name ALWAYS

    Fathers Day Father Name ALWAYS

    * See Section 2, Paragraph F.

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    28/32

    E. The Parties must give each other 30day written notice of anyrescheduling or cancellation.

    F.For Easter, Memorial Day, 4

    th

    ofJuly, Labor Day and Halloween, theschedule shows thatMother has thoseHolidays, but the parties agree thatFather Name has the option of havingparenting time during those Holidaysif he does not have to work.

    3. SUMMER VACATIONA. Father Name andMother shall each

    have the right to the followingsummer vacations with the child tothe following terms and conditions

    outlined below. (For the purpose ofthis paragraph, a week is defined asseven (7) day):

    Father Name andMother

    shall have two consecutive, uninterrupted

    weeks of

    summer vacation with

    the minor child.

    Page 15 of 17

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    29/32

    The child shall reside with Father

    Name for one week following the last

    day of school and reside withMother

    one week prior to the commencementof the school year. The balance of

    the summer vacation from school

    shall be divided equally between

    Father Name andMother with one

    parent having the child the first

    half of summer and other parent the

    second half of summer.Mother shall

    be allowed every other weekend

    visitation with the child during the

    time that Father Name has the child

    for the summer.

    B. Father Name shall provideMotherwith written notice of summervacation dates no later than April1st of each year. In the event Father

    Name fails to give written notice ofsaid plans by April 1st of each year,thenMother shall have the right todetermine which weeks she wants with

    the child and Father Name will takehis summer vacation with the childthereto.

    4.VACATION AND TRAVEL

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    30/32

    Neither party shall schedule a vacation

    or trip with the child during the other

    partys holiday period with them.

    A. During all travel, with the child,the parties shall provide eachother, with written advance notice,full information as to theiritineraries, and with telephone

    numbers where the child will bestaying; and each parent shall beentitled to reasonable telephoneaccess with the child and the otherparent will cooperate.

    Page 16 of 17

    B.Mother and Father Name agree thatthey, or a responsible adult shall

    accompany the child on airlineflights until such time as bothparents agreethat the child is comfortable flyingby himself or herself. Either parentmay petition the court to preclude

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    31/32

    the child from traveling with theadult if they reasonably believe theperson with whom the child will be

    traveling is not a responsibleadult. Each party shall be solelyresponsible for the payment ofarrival and departure airlinetickets for the minor child whenexercising their vacation time withthe child. The minor child mayvacation without the parent, so long

    as the parent that has vacation withthe child gives his/her consent.

    C.Mother and Father Name agree thatthey shall give each other thirty(30) day written notice of theirintention to take the child onvacation out of the United States

    and obtain the written permission ofthe non-vacationing party prior tovacationing with the child.

    D. Each party shall be the solelyresponsible for the payment ofarrival and departure airlinestickets for the minor child whenexercising his or her parenting

    time.E. Neither party shall schedule a

    vacation or trip with the childduring the other partys holidayperiod with him.

  • 8/8/2019 Joint Parenting Agreement -Acuerdo Mutuo Entre Padres Estado de Illinois

    32/32

    5.ADDITIONAL PARENTING TIMEEither party may have additional time

    with the child by mutual agreement of

    the parties, which not need by ratified

    by further Order of Court.

    Page 17 of 17