Parenting Plan Stipulation - Death of a Parent

[4theKidz]

What is the name of your state (only U.S. law)? CO

My ex and I are currently modifying our parenting plan since our child is no longer an infant and a review was never done as he got older. I wanted to include a stipulation stating that upon the death of one parent that the other parent immediately received sole physical and legal custody. I also wanted it spelled out that the child would be allowed telephone contact as well as visitation with members of the deceased parent's family. Family would include, at a minimum, surviving siblings, grandparents and the step-parent. If both parties agree to this (which I don't anticipate being an issue) is that legally enforceable if this situation were to ever occur? I know that it is often difficult to receive step-parent visitation but was curious if having it agreed to in the parenting plan prior would circumvent the issue.

 

[Ohiogal]

What is the name of your state (only U.S. law)? CO

My ex and I are currently modifying our parenting plan since our child is no longer an infant and a review was never done as he got older. I wanted to include a stipulation stating that upon the death of one parent that the other parent immediately received sole physical and legal custody. I also wanted it spelled out that the child would be allowed telephone contact as well as visitation with members of the deceased parent's family. Family would include, at a minimum, surviving siblings, grandparents and the step-parent. If both parties agree to this (which I don't anticipate being an issue) is that legally enforceable if this situation were to ever occur? I know that it is often difficult to receive step-parent visitation but was curious if having it agreed to in the parenting plan prior would circumvent the issue.

it is possible that as a stipulation it would be okay. Visitation would not be enforceable and, if both parents are fit, custody does revert to the living parent.

 

[4theKidz]

Another Parenting Plan Question

Still fine tuning the parenting plan and I wanted some opinions. The school district that my son (8 yrs) goes to has a spring break and fall break that both consist of 2 weeks (rather than the one week that I had when I was in school). This is a long distance parenting plan.

Would it be acceptable to incorporate wording that states if the CP is not going to be taking any time off of work during the two weeks that each of those breaks cover, that I can exercise my parenting time for the entire duration of the break?

For example, if spring break rolls around and she is not taking any time off of work and my son would be in daycare/with relatives/etc. is it reasonable to request that he stay with me for that entire time? Or is that asking too much? My thinking is that if she takes time off of work in order to spend time with him, go on vacation, etc. then we would split the break between both of us. But if not, then he and I would be able to spend extra time together rather than him having to spend the daytime in daycare or staying with relatives that he already sees on a regular basis. I hope this makes sense, please ask if any clarification is needed. I appreciate all opinions and suggestions.

 

[LdiJ]

Still fine tuning the parenting plan and I wanted some opinions. The school district that my son (8 yrs) goes to has a spring break and fall break that both consist of 2 weeks (rather than the one week that I had when I was in school). This is a long distance parenting plan.

Would it be acceptable to incorporate wording that states if the CP is not going to be taking any time off of work during the two weeks that each of those breaks cover, that I can exercise my parenting time for the entire duration of the break?

For example, if spring break rolls around and she is not taking any time off of work and my son would be in daycare/with relatives/etc. is it reasonable to request that he stay with me for that entire time? Or is that asking too much? My thinking is that if she takes time off of work in order to spend time with him, go on vacation, etc. then we would split the break between both of us. But if not, then he and I would be able to spend extra time together rather than him having to spend the daytime in daycare or staying with relatives that he already sees on a regular basis. I hope this makes sense, please ask if any clarification is needed. I appreciate all opinions and suggestions.

I wouldn't agree to it if I were the other parent. Why? Because I would probably use part of my half of the break to allow the child to spent time with extended members of my family....not as babysitters, but as time spent with extended family. Just because he gets to see those family members frequently doesn't mean that he shouldn't get some occasional down time with them. Those breaks should be split between the two of you.

 

[PQN]

Still fine tuning the parenting plan and I wanted some opinions. The school district that my son (8 yrs) goes to has a spring break and fall break that both consist of 2 weeks (rather than the one week that I had when I was in school). This is a long distance parenting plan.

Would it be acceptable to incorporate wording that states if the CP is not going to be taking any time off of work during the two weeks that each of those breaks cover, that I can exercise my parenting time for the entire duration of the break?

For example, if spring break rolls around and she is not taking any time off of work and my son would be in daycare/with relatives/etc. is it reasonable to request that he stay with me for that entire time? Or is that asking too much? My thinking is that if she takes time off of work in order to spend time with him, go on vacation, etc. then we would split the break between both of us. But if not, then he and I would be able to spend extra time together rather than him having to spend the daytime in daycare or staying with relatives that he already sees on a regular basis. I hope this makes sense, please ask if any clarification is needed. I appreciate all opinions and suggestions.

Another suggestion....even years NCP gets the entire spring break and 1/2 fall break; in odd years NCP gets entire fall break and 1/2 spring break. That way CP gets at least 1 week for vacation/visiting grandparents. (Tying the year you get the whole fall break to the year you get Thanksgiving assuming it is part of the fall break)

 

[4theKidz]

I wouldn't agree to it if I were the other parent. Why? Because I would probably use part of my half of the break to allow the child to spent time with extended members of my family....not as babysitters, but as time spent with extended family. Just because he gets to see those family members frequently doesn't mean that he shouldn't get some occasional down time with them. Those breaks should be split between the two of you.

I see your point. For now, we can split it down the middle and I can keep my fingers crossed that Mom and I begin to get along well enough that I can have him the entire time if she doesn't have anything planned..... I really hope we can get to that point.