IN THE CHANCERY COURT OF HAMBLEN COUNTY, TENNESSEE

 THIRD JUDICIAL DISTRICT

 

TIMOTHY WAYNE WOODFIN,

            Parent

 

v.                                                                                                         Case No. 2002-141

 

AMY LYNN COCKRUM

            Parent                                                               Final Parenting Plan

 

AMENDED PERMANENT PARENTING PLAN

 

This plan is Ordered by the court on the 28th Day of October, 2003.

 

Child:

Name                                                                              Birth Date

 

Jordan Chase Woodfin                                                                       9/21/00

 

I. RESIDENTIAL SHARING SCHEDULE

 

The schedule below sets out which parent has responsibility for the child during the week, weekends, holidays and vacations.

 

A. DAY TO DAY SCHEDULE

 

The Mother will have responsibility for the care of the child except the following times and days when the other parent shall have responsibility for the care of the child:

 

The Father is required to meet with the child's primary physician for instruction and training with reference to the child's medical care/needs for his asthma, allergies and ear problems. The parenting schedule is designed to facilitate and promote a gradual reestablishment of the father/son relationship. Beginning November 8, 2003 and continuing for three (3) consecutive Saturdays, father shall have parenting time from 1:00 p.m. to 2:00 p.m. at College Square Mall in Morristown, Tennessee. Following the initial three week period and beginning November 29,2003, Mr. Woodfin shall enjoy parenting time on alternating Saturdays from 9:00 a.m. until 6:00 p.m. in Morristown, Tennessee. Beginning February 27, 2004, Mr. Woodfin shall enjoy parenting time with the child on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m.

Beginning the 1^st day of November, 2003.

 

 

B.  SCHEDULE OF HOIDAYS RELEVANT TO YOUR FAMILY, SCHOOL SCHEDULE or SPECIAL OCCASIONS

            Indicate when child(ren) will be with each parent.

(In ODD numbered years, EVEN numbered years or EVERY year.)

                                                                        Mother                                                             Father

 

Easter                                                               Odd                                         Even

Mother's Day                                                   Every

Memorial Day (if no school)                            Even                                         Odd

Father's Day                                                                                                     Every

July 4^th                                                             Odd                                         Even

Labor Day                                                        Even                                         Odd

 

A holiday shall begin at 6:00 p.rn. on the night preceding the holiday and end at 6:00 p.m. the night of the holiday unless otherwise noted:

 

C. SCHEDULE FOR WINTER HOLIDAY V ACA TIONS

 

The ,Father shall have parenting time on the Friday following Thanksgiving from 1:00 p.m. until 5:00 p.m.  Father shall also enjoy parenting time with the child on Christmas Day from 1 :00 p.m.. until 5:00 p.m.

 

Begins: 2003.

 

D. SCHEDULE FOR SPRING VACATION

 

N/A

 

E. SUMMER SCHEDULE

 

The Mother shall be responsible for the care of the child during the summer, except for the following days and times when the Father will be responsible for the care of the child.

 

Same as school year schedule, plus two weeks.

 

Other:  Father shall notify Mother of parenting time desired by May 15^th each year, beginning in the year 2004.  The parties will otherwise follow the routine day to day schedule.

 

F. TRANSPORTATION ARRANGEMENTS

Transportation arrangements for the child, between parents shall be as follows:

 

Father shall be responsible for all transportation with the exception of alternating weekends beginning February 2004. For such parenting time, the parties shall exchange the child at the Race Trac station in Knoxville, TN.

 

G. OTHER

 

The following special provisions apply to the schedules or residential considerations of the child:

 

1. Each parent must prepare the child, both physically and mentally for parenting time with the other parent. The child must be available at the time mutually agreed upon between the parents or at the time ordered by the Court.

 

2. The child must be transported in a careful, safe, and prompt manner at times and to places mutually agreed upon between the parents or as set by the Court. If a parent cannot honor a particular parenting schedule because of circumstances beyond his/her control, 24-hour prior notice of any change is required. Every effort should be made to guard against canceling plans with the child.

 

3.  Regular telephone contact shall be maintained between parents and child to insure that all parental lines of communication remain open.

 

4. Both parents shall establish a home for the child with a place for his belongings (toys, clothes, etc.).

 

5.  Child shall not be:

 

A.  Questioned regarding the activities of the other parent;

 

B. Given promises that either parent cannot deliver;

 

C. Used to deliver child support payments;

 

D. Used to deliver angry messages between parents;

 

E. Questioned as to with which parent the child wishes to reside;

 

F. Accompanied by a parent under the influence of alcohol or non-prescribed drugs;

 

G. Called by phone during late or unreasonable hours;

 

H. Left unattended during any parenting time;

 

I. Used as an opportunity to speak poorly or derogatorily about the other parent;

 

J. Exposed to overnight, adult guests of the opposite sex;

 

K. Used as a tool to enforce or modify child support.

 

6. Both parents shall honor all school, extracurricular and church activities of the children scheduled during any parenting time.

 

II. DECISION MAKING

 

A. DAY TO DAY DECISIONS

 

Each parent shall make decisions regarding the day40-day care and control of each child while the child is residing with that parent. Regardless of the allocation of decision making in this parenting plan, either parent way make emergency decisions affecting the health or safety of the child.

 

B. CHILD NURTURE

 

 

Mother and Father will behave with respect to each other and the child so as to provide a loving, stable, consistent and nurturing relationship with the child(ren) even though they, themselves, are divorced. Mother and Father agree they will not speak badly of each other or the members of the family of the other parent. They will encourage the child to continue to love the other parent and be comfortable in both new families.

 

C. MAJOR DECISIONS

 

Major decisions regarding each child shall be made as follows:

 

Education decisions:                                  Mother

Non-emergency health care                    Mother

Religious upbringing                                 Mother

Extracurricular activities                       Mother

 

D. PRIVATE SCHOOL AND COLLEGE [Optional]

The parties agree as follows regarding private school [elementary and high school] and college or vocational training after high school:

 

N/A

 

[If parents wish to include a detailed list of the plans for special or private schooling, they may attach a separate sheet]

 

III. FINANCIAL SUPPORT FOR CHILD

 

A. CHILD SUPPORT PER TENNESSEE GUIDELINES OR DEVIATIONS*

 

The issue of any modification is reserved until reviewed by the Child Support Referee. Mr. Woodfin's present child support obligation is $280.00 per month.

 

The parties affirmatively acknowledge that Court approval must be obtained before child support can be reduced or modified, unless such payments are automatically reduced or terminated under the terms of the Parenting Plan.

 

B. TAX DEDUCTION

The Father shall receive the child dependency exemptions for the child.

 

C. TAX RETURN NOTICE

Any parent paying child support shall send to the other parent by or before April 15^th of each year [OR August 15^th, if an extension is sought], a copy of their respective W-2(s), 1099(s) and first two pages of their tax return.

 

D. HEALTHINSURANCE

The Father will maintain medical/hospital insurance on the minor child and he shall provide proof of continuing coverage annually.

 

 

Uncovered medical expenses, which include deductibles or co-payments, eyeglasse._, contact lenses, routine annual physicals, will be divided equally by the parties.

 

After insurance has paid its portion, the parent receiving the bill will send the bill to the other parent within 10 days. The other parent will pay his/her share within 30 days of receipt of the bill.

 

E. LIFE INSURANCE [OPTIONAL FOR PARENT NOT PAYING CHILD SUPPORT]

N/A

 

F. DENTAL/ORTHODONTIC CARE

If available to Father through his work, the Father will maintain dental/orthodontic care on the minor child. Uncovered dental/orthodontic expenses will be paid equally by the parties.

 

IV. DESIGNATION SOLELY FOR STATE AND FEDERAL STATUTES

 

The child named in this parenting plan is scheduled to reside the majority of the time with the Mother. SOLELY for purposes of any other state and federal statutes which require a designation or determination of parent responsibility, this parent is designated the Custodian of the Child. If the parents are joint decision makers as listed in Section n for purposes of obtaining health or other insurance, they shall be considered joint custodians. THIS DESIGNATION SHALL NOT AFFECT EITHER PARENT'S RIGHTS AND RESPONSIBILITIES UNDER THIS PARENTING PLAN.

 

V.  DISAGREEMENTS ABOUT JOINT DECISIONS OR MODIFICATIONS OF PLAN

 

            Should a disagreement arise about the Parenting Plan or the parties wish to modify the plan, the parties shall make a good faith effort to resolve the issue through the dispute resolution process, before returning to court.

 

            Unless a limiting factor listed in T.C.A. 36-6-406 precludes a dispute resolution process prior to court action, or an emergency court action is necessary to protect the welfare of the child or a party, the parties agree to the following dispute resolution method:

 

Disputes between the parties , other than the child support disputes, shall be submitted to:

 

Mediation by Rule 31 Mediator.

 

The cost of this process shall be assessed to the parties by the Court based upon their incomes. The out-of-court process shall be commenced by notifying the other party and the Court by written request/certified mail.

 

In the dispute resolution process:

A. Preference shall be given to carrying out this Parenting Plan.

B. The parents shall me the designated prOCe6$ to resolve disputes relating to implementation of the plan.

C. A written record shall be prepared of any agreement reached in the mediation, arbitration or settlement conference and shall be provided to each party to be drafted into a consent order of modification.

D. If the court finds that a parent willfully failed to appear at a scheduled dispute resolution process without good reason, the court, upon motion, may award attorney fees and financial actions to the prevailing parent.

 

VI. STANDARD PARENTING ORDERS

 

Pursuant to Tennessee Code Annotated, 36-6-101(a) both parents are entitled to the following rights:

 

1. To unimpeded telephone conversations with the child at least twice each week at reasonable times and for a reasonable duration;
2. To send mail to the child which the other parent shall not open and will not censor;
3. To receive notice and relevant information as soon as practical (but within 24 hours) in the event of hospitalization, major illness, or death of the child;
4. To receive directly from the school, upon written request, which includes a current mailing address and upon payment of reasonable costs of duplicating, copies of the child's report cards, attendance records, names of teachers, class schedules, standardized test scores, and any other records customarily made available to parents.
5. Unless otherwise provided by law, the right to receive copies of the child's medical, health or other treatment records directly from the physician or health care provider who provided such treatment or health care upon written request which contains a current mailing address and upon payment of reasonable costs of duplication; provided, that no person who receives the mailing address of a parent as a result of this requirement shall provide such address to the other parent or a third person.
6. To be free of derogatory remarks made about such parent or such parent's family by the other parent to or in the presence of the child.
7. To be given at least forty-eight (48) hours notice, whenever possible, of all extra curricular activities, and the opportunity to participate or observe, including, but not limited to, the following:

(i)     School activities;

(ii)    Athletic activities;

(iii)  Church activities; and

(iv)  Other activities as to which parental participation or observation would be appropriate.

8. To receive from the other parent, in the event the other parent leaves the state with the minor child or children for more than two (2) days, an itinerary including telephone numbers for use in the event of an emergency.
9. Access and participation in education, including the right of access to the minor child or children for lunch and other activities, on the same basis that is provided to all parents, provided the participation or access is reasonable and does not interfere with day-to-day operations or with the child's educational performance.

 

ORDER OF THE COURT

 

            IT IS ORDERED, ADJUDGED AND DECREED THAT the Parenting Plan set forth above is adopted and approved as an Order of this Court.

            This 28^th day of October, 2003.

 

                                                            Thomas R. Frierson, II, Chancellor