“Money Sense of Divorce: The 4 Things You Need Out of a Divorce”
Collaborative Team Divorce
W1
Parenting
Agreement Worksheet
Minnesota
Version
This
worksheet will assist Minnesota couples working with Collaborative Team
professionals to draft a parenting plan which meets the needs of their children
and satisfies the requirements of the law. This Plan is intended to
become a part of the legal agreement you file with the court, and to meet the
requirements of Minnesota Statutes 518.1705 regarding Parenting Plans.
The 3 elements of a Minnesota Parenting Plan are: 1) a schedule of time each
parent spends with the child; 2) a designation of decision-making
responsibilities regarding the child; and 3) a method of future dispute
resolution, Minn. Stat. 518.1705, Sub. 1 (a) (1) – (3).
As you use
this worksheet, keep in mind:
✔
The Parenting Agreement Worksheet is a tool to create a unique parenting plan
which will meet the needs of individual families. Parents are encouraged to use
it as a working document and to change specific items or add to the plan based
on their particular circumstances.
✔
The worksheet may be used for separating, divorcing or never-married parents, or
edited for use with other primary care givers, such as grandparents.
✔
The language is gender-free and does not specify “mother” and “father.” Parents
are asked to include language that fits for them or to remove language they do
not want included. For example, parents with teenage children may delete the
descriptive language regarding infants and toddlers.
✔
Under Minnesota Statutes 518.1705, parents may describe themselves as “parents”
and not “custodians” in their Parenting Plans. They may devise other
terminology to describe their parenting (such as “shared parenting” or “primary
residence”) so long as those terms are defined in the terms of the Plan. One
paragraph in the Plan is required to be included for interstate enforcement of
laws such as the Uniform Interstate Family Support Act (Minn. 518C) and other
laws, and that paragraph does require a label of custody to be assigned;
however, that label is not relevant to use of the Plan in Minnesota.
✔
A chart is provided to help schedule parenting time, including ongoing,
vacation, and holiday schedules. Holiday and access scheduling is created with
as much detail as possible, including pick-up and drop-off times, to avoid
future conflict.
✔
Parenting Plans are not intended to be used by families with histories
of domestic abuse, child abuse or parental abandonment, Minn. Stat.
518.1705, Sub. 6. In some instances in which incidents of domestic abuse have
occurred, it may be appropriate to use parts of the parenting agreement
worksheet as a tool to decide how to parent separately, to reduce the potential
for parental conflict in future.
Parenting Plan
Minnesota Collaborative Team Practice
Parent’s
name:
Address:
Parent’s
name:
Address:
Children:
Name: Date of Birth: Age:
Name: Date of Birth: Age:
Name: Date of Birth: Age:
Name: Date of Birth: Age:
Name: Date of Birth: Age:
W3
We have reviewed with
our child specialist or coach our own parenting histories, including how we were
parented as children, and how we have parented our own children. As a part of
this review, we have taken a close look at how we discipline our children, what
family rituals have been important to our family, and how we can best parent our
children in the future.
With our
child specialist or coach, we have discussed:
1) Our separate histories (how our own parents approached
discipline and provided love and affection)
2) What we believe our own parents did right, and what they
may have done wrong
3) Any mental health, chemical dependency or abuse history
which may exist in our respective families of origin
4) Our own parenting strengths and struggles
Parenting Philosophy
Based on these
discussions, we agree that our children need to experience love and affection
from both of us. We understand that our level of cooperation in our parenting
partnership is the single biggest predictor of success in our children’s
future. As part of this parenting partnership, we need to make certain that:
1) our children are not used as message carriers between us; and 2) we need to
support each other’s parenting. This means that we will give our children
messages that they are loved and appreciated in both our homes.
Models of Development and Tasks:
The Role of
Development in Determining Children’s Needs in Divorce: We understand from
meeting with our Coach or Child Specialist that children have the following
needs:
-
Infants and Toddlers (Birth – 2 ½ years):
a) Infants:
a.
To establish a
sense of trust in their environment and people around them.
b.
To form an
effective attachment through parents who consistently and promptly respond to
their needs.
c.
To become
comfortable with others who interact with them.
d.
To express
their own needs through crying and/or other signals.
b) Toddlers:
a.
To develop an
increasing sense of self-awareness through exploration of their world.
b.
To develop an
increasing sense of independence through feeding themselves, “play dates”, etc.
c.
To begin and
practice speech development.
d.
To start
exhibiting self-control and self-regulation in sleeping, feeding and toileting.
c) Both Infants and Toddlers:
a.
Need frequent
contact with both parents.
b.
Need extra care
in changes to schedules and routines.
c.
Need to bond
with parents such that both parents recognize their signals for food, comfort,
sleep and nurturance.
d) What Infants and Toddlers need from Parents:
a.
To establish a
schedule that is consistent, predictable and routine.
b.
Where there has
been no history of separate parenting previously, to start with a schedule of
more frequent contact, perhaps for shorter periods of time.
c.
As the child
develops, times may increase.
d.
If parents have
separate residences, work to construct familiar surroundings in both homes.
e.
Where there are
older siblings, to start by blocking parenting time to include both siblings,
such that the older sibling is support for the younger sibling in making the
transition between homes.
f.
Send along
personal objects, such as stuffed animals, toys, familiar blanket (best to have
two identical in each home), photo album.
-
Preschoolers (2 ½ - 5 years) need:
- To increase a sense of individuality
- To use verbal skills to express thoughts and
feelings, questions, and ideas
- To imagine and fantasize; test curiosity and
explore.
a) Need from Parents:
1.
Encouragement
in the development of verbal skills – role models.
2.
Support in
expressing feelings and ideas.
3.
Understanding
as they express fantasies, without presuming that the idea was planted by the
other parent.
4.
Feeling of
safe, secure, familiar environment, gradually expanding to explore new places.
5.
If there are
older siblings, to begin to schedule some one-on-one time for both parents with
individual children.
6.
To watch for
“shock value” statements and behavior, such as use of bad language to get
attention; not to assume that parenting in the other home has necessarily
deteriorated.
7.
Watch for
“interrogation” tendencies; learning better parenting skills to connect with
important issues in the children’s lives.
8.
Conditioning
positive regard for the other parent.
9.
Helping
children look forward to transitions by exchanging information on events to be
anticipated in both homes.
b) Needs in divorce:
1.
Establish a
consistent, predictable and routine schedule.
2.
Scheduling
overnights with both parents as children develop.
3.
Send along and
return personal objects to which child is attached.
4.
Resist the
temptation to criticize the other parent and those residing in his or her home,
other family members, and friends.
-
Elementary School (5 – 12 years) children need:
- Need to develop relationships and cooperate with
peers and adults.
- To develop academic and athletic skills.
- To learn
organizational skills which need to be applied both at home and at school.
a) Need from Parents:
1. For both parents to
reflect back to the children self-esteem, self-worth, moral development and
personal security.
2. Assistance to help the
child identify with and model the activities of the parent who is same gender as
child.
3. To help children become
more aware of their parents as individuals.
4. Help children deal with
fear of losing either parent; dealing with feelings of sadness and anger about
divorce.
5. Watching for children
who feel self-blame, depression and a need to attempt(s) to reunite parents.
6. Help children to
increase ability in grasping concepts of time and days.
7. Taking a fresh look at
the parenting schedule, now that children may be more comfortable with fewer
transitions and longer periods of time with each parent.
b) Needs in Divorce:
1.
To establish
and follow a predictable schedule.
2.
Gradually
reduce frequency of transitions and increase length of access.
3.
Encourage and
assist in phone contact with each parent.
4.
Avoid criticism
of either parent or others close to other parent or child.
5.
Advise school
personnel of stresses child may be experiencing; seek help for any
school-related problems.
6.
Encourage and
support the child in maintaining contact with friends, school, extra-curricular
and other activities.
7.
Adolescents (12-18 years) need:
- Need to establish identity and self-worth.
- To develop appreciation of rules and
regulations of society.
- To begin process of separating from parents,
such as separate time with friends.
- To develop academic and athletic skills.
- To make and sustain quality friendships with
age mates.
- To continue the process of gender
identification
- To question
values and beliefs both of themselves and of the parents, often by
challenging parents’ core beliefs concerning religion or politics.
- To explore dating experiences.
- To learn to manage sexual impulses.
- To develop
work ethics, objectives and goals in their academics, work and as a foundation
for future success in life.
a) Needs from parents:
1.
To recognize
children may mourn the loss of childhood, dependency and the protection of
family.
2.
To recognize
that the challenging of parents’ beliefs and values are not oppositional but
identify formation.
3.
To allow
children to have doubts about their relationships with peers and family members.
4.
Recognize that
parents may need to stay engaged even though children are giving inconsistent
signals and messages about needing “their own space”; making a consistent effort
to remain connected even though children do not demonstrate benefit from
connection.
5.
To give
children permission to be embarrassed or angry about their parents’
relationship.
6.
To recognize
children need the support and involvement of both parents.
7.
To recognize
that children may act out by using drugs or engaging in other unhealthy
behaviors to attain a sense of belonging.
8.
To recognize
need for consistency in family rules.
9.
To recognize
the importance of peer relationships, and that these may even be more important
than time with family.
10.
To recognize
that the parenting schedule may need to be revised, because children may prefer
long blocks of time with either or both parents.
11.
Recognize need
to continue monitoring of school progress.
b) Needs in Divorce:
1.
Seek input from
the children in establishing a schedule.
2.
Allow
sufficient flexibility in any schedule to provide for activities and time with
friends.
3.
Consistently
apply rules and expectations.
4.
For both
parents to be seen as responsive to children’s needs, such that they are both
able to bend rules in reasonable ways when necessary.
5.
Avoid the
assumptions that moods swings are caused by the other parent.
5. Adoption:
We, as parents of adopted child (ren) understand that our
separation and divorce
will necessitate that we implement specialized parenting
interventions.
We understand that our separation/divorce may activate
“fear of abandonment” feelings in our child (ren). We will be observant for
indications of “acting out of these abandonment feelings” i.e. stealing,
telling lies, hoarding food, increase in tantrums and testing limits. We
understand that teens may act out by drinking and use of drugs and sex.
We will work together to support them during this time of
separating and divorce in the following ways:
1.
Assuring them
that they are loved and will always be loved by both parents.
2.
Assuring they
will always have a home and they will still be part of a family and be taken
care of.
3.
Assuring them
that the divorce is not their fault.
4.
Listening to
them.
5.
Not becoming
reactive if acting out occurs and we will work together with our child to
problem solve.
6.
We will not
talk about the each other in a negative manner.
We do understand that generally the mother is the
target/focus of the child’s anger and acting out. We will work together to deal
with this. We will not triangulate with the child against the other parent. We
will remind each other of the dynamic (the mother being the target) that is
operating and not blame each other.
I. Major Decision Making
____ Minnesota Statute 518.1705, subd. 2 (a) (2)
A. Discipline
and Boundaries:
We agree on the following guidelines for discipline and boundaries in our own
respective homes:
1.
Pre-school (age birth through 5 years)
a.
Bedtimes:
b.
Behavior problems:
c.
Reading/Kindergarten readiness:
d.
Early friendships:
2.
Early
Latency (ages 6 through 10)
a.
Bedtimes:
b.
Behavior problems:
c.
Homework routines:
d.
Friends:
e.
Activities:
3.
Preadolescent (ages 11 through 13):
a.
Bedtimes:
b.
Cell phone/Ipod:
c.
Friendships:
d.
Activities:
B. Family
Rituals:
After
meeting with our child specialist and coach, and seeking out the feelings of our
children, we believe that the following rituals have been important to our
family: (fill in: birthdays, holidays, Christmas Eve, Christmas Day, time
spent with extended family, etc)
Based on
this discussion, we agree to respect these rituals as follows:
1.
Holidays:
2.
Vacations:
3.
Contact with
extended family:
4.
Religious
upbringing:
C. Education
Each parent
will contact our children's school to get information about our children's
needs, progress, special events, and parent-teacher conferences. We agree to
share our children's school information with each other. Recognizing that
college or technical training is important, we will encourage and support our
children's efforts for further education.
1.
Parent-Teacher Conferences.
We have made
the following arrangements for attending parent-teacher conferences:
2.
Events.
We have the following agreement for attending school or extracurricular events
our children participate in:
3.
Other:
4.
Major
decisions about our children's education will be made by:
( ) Both
parents or ( ) Parent
D. Medical Care
It is
important to provide our children with good medical care. This may include
dental, physical health, and psychological/counseling services for our
children's guidance and behavioral health. We have discussed who will make
appointments; attend appointments; receive reports; and transport our children;
and how information will be conveyed to the other parent.
3
1.
Medical
appointments.
We agree
that primary responsibility for scheduling appointments shall be as follows:
2.
Emergencies.
To assure
that our children receive immediate medical attention, each parent may consent
to emergency medical treatment for our children without waiting for the consent
of the other parent. The other parent will be notified immediately.
3. Other:
4. Major
decisions about our children's medical care will be made by:
( ) Both
parents or ( ) Parent
E. Religion and Cultural
Heritage
1. We have
discussed attendance at religious and cultural events and have agreed as
follows:
2. Major
decisions about religious or cultural events involving our children will be made
by:
( ) Both
parents or ( ) Parent
II. Parenting Time Schedule
____ Minnesota Statute 518.1705, Subd. 2 (a) (1)
Transitions:
We have discussed with our child specialist or coach the fact that transitions
between our homes are frequently the most difficult experiences our children
will have as a result of our separation or divorce. In recognizing this fact,
we plan in the following ways to be sensitive to our children’s needs as they
transition from one home to another:
1.
Saying goodbye
to one parent and hello to the other:
2.
Exchanging
information about what each parent will be doing with the children, to help the
children look forward to the transitions:
3.
Exchanging
information about homework to make sure the homework assignments are done:
4.
Having
transitional objects (favorite teddy bears or other items) available for the
children in each home, to make sure the children do not feel like “visitors” in
either home:
A.
On-Duty/On-Call Parenting Schedule:
1.
Weekly schedule:
2.
Summer schedule:
3.
Transportation:
4.
First offer of care:
5.
Use of others to provide primary care:
We recognize there will be
times the schedule will need to be changed because of changes in our lives and
the lives of our children. We agree to be open to make adjustments.
We recognize decision making is
an important part of parenting. We agree that each parent will need to make
ordinary decisions about daily care during his or her on-duty parenting time.
We agree to treat each other
with respect, be on time, and provide as much advance noticeas possible with any
schedule changes.
5
B. Holiday Schedule:
Below is a
list of holidays and special occasions frequently included in holiday schedules.
Parents are encouraged to make changes and additions to develop a plan that
reflects the occasions that are meaningful to them and their children.
The
following holiday parenting
time plan supercedes the usual ongoing parenting time arrangement:
Odd-Numbered Years Even-Numbered Years
Birthdays:
Holidays:
Easter
Passover
Mother's Day
Memorial Day
Father's Day
July 4th
Labor Day
Yom
Kippur/Atonement
Ramadan
Thanksgiving
Hanukah
Christmas
Eve
Christmas
Day
Other
Religious or Cultural Holidays:
School
Breaks:
Spring Break
Winter Break
MEA Weekend
W8
C. Vacations
We want our
children to spend enjoyable vacation time with each parent. We have discussed
the
following
ways that we will support our children's vacation planning:
1.
Vacation
Arrangements.
We agree to
the following process for planning vacation time with our children each year:
2.
Notice.
We agree to give the other the parent the following advance notice before the
anticipated
vacation dates if the vacation affects the usual parenting time or holiday
schedule:
3.
Vacation
Transportation.
We agree to
the following vacation transportation plan:
4.
Emergency
Contact During Vacation.
Each parent
will supply the other with emergency contact information for vacation periods as
follows:
5.
Non-emergency Vacation Telephone Contact Between Children and Other Parent.
We wish to
have our children contact the other parent during our vacation time with our
children as
follows:
8
D. Other Ongoing Contact
with Our Children
1. Phone
Calls.
Phone calls
are one of the many ways positive contact with parents can be encouraged and
continued. We agree to allow each parent to have phone contact with our children
as follows:
2.
Mail and
e-mail.
We agree our
children and each parent will be able to contact each other
by mail and
e-mail as follows:
E. Long Distance Contact
If either
parent lives a significant distance from our children we agree to develop a plan
to
maintain
good contact with our children. This may include e-mail, videotape and audio
tape in addition to mail and telephone contact. We agree our children and each
parent will be able to contact each other as follows:
F. Participation in
Children's Activities
We agree our
children benefit from our support of their extracurricular, athletic, religious,
arts, and cultural activities. We agree to the following plan:
1. In making
decisions about our children's activities we will consider our children's
interests as
well as the impact these activities may have on the time our children spend
with each
parent. Based on these considerations, we agree that our children should
participate
in the following activities:
2. We agree
to consult with the other parent before registering our children for activities
that may
have an impact on the other parent's parenting time.9
3. We have
made the following agreement for parent participation and attendance at our
children's
athletic, arts, and cultural activities:
4. We agree
to share information regarding our children's activities with each other.
G. Child Care
1. We have
talked about child care, including who chooses the child care provider, picks up
and/or drops off our children, emergency contact information, and who is able to
visit our children at daycare. We have agreed as follows:
2. We
recognize that as our children get older, we will need to review and make
changes
about
alternate care; to agree on the age our children may be left alone; and to agree
on
for how long
our children may be left alone without supervision.
3. We have
discussed who will be responsible for our children if our children are sick or
need to stay
home from daycare or school. We have agreed:
4.. We have
discussed if we would like to be the first choice for back-up care in situations
when the
other parent needs someone to care for our children. We have agreed that if
the parent
needs care for or more hours:
H. Family Relationships
We recognize
our children will benefit from maintaining ties with extended family members and
other people important to them. We agree that each parent will take primary
responsibility for maintaining these relationships and to accommodate changes in
the parenting schedule for special family occasions such as weddings, reunions,
funerals, graduations, etc.
I. Parental Cooperation
Children
need both of their parents' love and support.
1. We agree
to leave our children out of adult discussions about our parenting plan and all
other aspects of our separation/divorce/break-up.
2. We will
not discuss the other parent in a negative way in the presence of or within the
hearing
range of our children and will not allow others to do so. We will advise others
about the importance of not speaking negatively about either parent around our
children. In addition, we agree to support our children in loving each of
us, so that the children feel free to express love and attachment to both of us
in each other’s homes.
3. Direct
Communications. We will encourage our children to discuss their grievances
against a parent directly with the parent in question. We will discuss our
concerns directly with the other parent without our children present.
4.
Expectations and Routines. We agree to support consistent expectations and
routines for our children, which may include shared expectations regarding
homework, curfew, bed-time, television or phone restrictions, and chores. We
agree on the following expectations:
5. Parental
Communication. We recognize that communication between parents is very
important
and we agree to keep communication open by:
Telephone:
Joint
Calendar:
Journal:
E-mail:
Parenting
Meetings:
Other:
11 W11
J. Transportation
1. We
recognize that time with the other parent is important and agree to arrange
transportation as follows:
2. We will
help our children gather the things they will need to take to the other parent's
home and/or school, and agree to be patient in helping our children stay
organized in this way, particularly about homework assignments.
K. Clothing
We agree our
children will need clothing and personal hygiene supplies in both parental
homes. We agree to provide them in the following way:
L. Financial
Responsibility/Expenses
The details regarding the
financial support of our children are included in the terms of the proposed
Stipulated Judgment and Decree, to which this Parenting Plan is attached. In
making these plans for the financial support of our children, we have given
particular attention to the following specific items:
1. Sports: Our children have in the past participated in the
following sports:
As a result,
in future, we agree that they should have sufficient time and resources, as well
as our support, to participate in the following sports:
2. Activities: Our children have in the past participated in
the following activities:
As a result,
in future, we agree that they should have sufficient time and resources, as well
as our support, to participate in the following activities:
M. Introduction of
Significant Others to Children
Each
parent will be sensitive to the children’s perceptions and needs when
considering introducing them to a significant other, and will give the other
parent notice if/when such an event will occur. If there is an issue or concern
expressed by either of the children, the parents will listen sympathetically,
and will address the issue directly and openly with the other parent. If the
issue can not be resolved by working together, and the child’s concerns remain
unaddressed, a mutually agreed upon parenting expert or Collaborative Team
Professional will be contacted to assist with a recommendation.
III.
Parenting Description
____
Minnesota Statute 518.1705, Subd. 4
We
understand that Minnesota’s Parenting Plan legislation, Minnesota Statutes
518.1705, Subd. 2 (a) (3) (c) permits us to refer to ourselves as “parents” for
the terms of this parenting plan, rather than “custodians”. We may also apply
other terms to our parenting, such as “shared parenting” or to designate that
one home is to be the “primary residence” of the children.
We prefer to
refer to ourselves as “parents” and apply that definition of “shared parenting”
as that is defined herein above in detail.
We
understand that Minnesota Statute 518.1705, Subd. 4, requires a separate
designation of parenting solely for the enforcement of the final Judgment and
Decree outside of Minnesota, where this designation is required for that
enforcement. We understand that this designation has no effect under the laws
of Minnesota or other jurisdictions which do not require this designation.
For purposes
solely of interstate enforcement, we choose the following label for our
parenting:
Legal
custody: _______________ (joint, sole)
Physical
custody: _____________ (joint, primarily with one parent, sole)
13 W13
42
IV.
Future Dispute Resolution
____
Minnesota Statute 518.1705, Subd. 2 (a) (3)
We
understand that Minnesota’s Parenting Plan legislation, Minnesota Statutes
518.1705, Subd. 2 (a)(3) requires us to choose forms of dispute resolution which
will be used in the future should we be unable to agree on revisions to this
Parenting Plan, or experience disagreement on how this Plan should be applied or
interpreted.
We agree
that in the future we shall first make our best efforts to resolve any
differences over our parenting on our own without the use of outside help for
conflict resolution. However, in the event we cannot agree, we will use the
following forms of alternate dispute resolution, as they may be appropriate or
as we may choose to do so: use of a financial specialist to assist with budget
or financial needs; use of a child specialist or coach to assist with other
parenting needs; return to Collaborative Team Divorce with collaborative
attorneys; or to make use of a one-mediator model for all aspects of
disagreement. We agree that we will not schedule any contested court
appearances until we have made a good faith effort to utilize these forms of
dispute resolution.
A. Changes to Our
Parenting Agreement
We agree to
review our Parenting Agreement periodically as our children's developmental
needs, activities, and interests change. We may make temporary or permanent
changes to our Parenting Plan as mutually agreed. Changes to this plan must be
confirmed by a Court Order to be enforced by the Court. If we are unable to
agree to a change, this plan will prevail.
C. Residential Moves
1. We agree
to discuss how our children will be affected by changes in residence and to
renegotiate
our parenting schedule, as needed, to meet our children's needs.
2. We agree
that neither parent will move our children to another state without the consent
of the other parent.
V.
Change of Primary Residence
____
Minnesota Statute 518.1705, Subd. 9
Neither
parent currently has a desire to move away from the Twin Cities Metropolitan
area. Any decision to move the children’s residence shall be made on the basis
of the Best Interests of the Child, as provided by law under Minnesota Statute
518.17. In the event that a move might be contemplated in the future, we will
discuss the anticipated move and attempt to reach agreement as to the impact on
the current schedule and other aspects of the Parenting Plan. If we are unable
to reach agreements through our own discussion, we will utilize a mutually
agreed upon parenting expert or Collaborative Team Professionals to address the
issue.
In the
alternative, we may agree:
1.
That we will
not move the children out of the ____________ area until they have graduated
from secondary school; or
2.
That in the
event one of us must move more than ____ miles from our current residences, that
we will renegotiate our Parenting Plan in good faith; or
3.
(Other)
______________________________
44
Mitnick, M. “A Parental Guide to Making Child Focused Visitations
Decisions.” Unpublished paper.
Mitnick, M. “Children Who Resist/Refuse Visitation.” Unpublished paper.
Kelly, J. (1998) “Marital Conflict, Divorce, and Children’s Adjustment.”
Child and Adolescent Psychiatric Clinics of North America. 7,
(2), 259-271.
Kelly, J. (1996) A Decade of Family Mediation Research: Some Answers and
Questions. Family and Conciliation Courts Review. 34, (3),
373-385.
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