Rule 24. Domestic relations.

 

 

 

Rule 24.1. Scope of domestic relations actions.

Rule 24.2. Financial data required; scheduling and notice of temporary hearing.

Rule 24.2A   Monthly figures required; week to month multipliers

Rule 24.3. Acknowledgement and waivers.

Rule 24.4. Reserved

Rule 24.5. Witnesses in domestic relations actions.

Rule 24.6. Uncontested divorce actions.

Rule 24.7. Contested divorce actions.

Rule 24.8. Court mandated programs in domestic relations cases.

Rule 24.9: Appointment, Qualification and Role of a Guardian ad Litem

Rule 24.10.  Parenting Plans

 

Rule 24.1. Scope of domestic relations actions.  

Domestic relations actions shall include actions for divorce, alimony, equitable division of assets and liabilities, child custody, child support, legitimation, annulment, paternity actions, termination of parental rights in connection with adoption proceedings filed in superior court, contempt proceedings relating to enforcement of decrees and orders, petitions in respect to modification of decrees and orders, actions under the Family Violence Act, actions on foreign judgments based on alimony or child support, and adoptions. Domestic relations actions shall also include any direct or collateral attacks on judgments or orders entered in any such actions.

24.2. Financial data required; scheduling and notice of temporary hearing.

Except as noted below, at least fifteen (15) days before any temporary or final hearing in any action for temporary or permanent child support, alimony, equitable division of property, modification of child support or alimony or attorneys fees, the party requesting such hearing shall file with the Clerk of Court and serve upon the opposing party the affidavit specifying his or her financial circumstances in the form set forth herein.  In cases involving child support, the worksheet and schedules required by O.C.G.A. § 19-6-15  and only as promulgated by the Georgia Child Support Commission, shall be completed insofar as possible and filed with the clerk  and shall be served upon the opposing party contemporaneously with the filing of the affidavit required above.  Online submission of the worksheet and schedules shall not suffice as filing with the Clerk of Court.

In emergency actions, the affidavit, worksheet and schedules may be filed and served on or before the date of the hearing or at such other time as the Court orders. 
In cases filed with complete separation agreements or consent orders resolving all issues but the issue of divorce, the parties are not required to file financial affidavits, unless otherwise ordered by the Court.  In cases involving child support the parties must attach to the proposed final judgment a completed worksheet and Schedule E, whether Schedule E applies or not.  In addition, the separation agreement must include the parties’ gross and adjusted incomes.  The remaining applicable schedules shall be filed with the Clerk at the time of filing the uncontested action.

The Office of Child Support Services is exempt from filing financial affidavits.

Notice of the date of any temporary hearing shall be served upon the adverse party at least 15 days before the date of the hearing, unless otherwise ordered by the Court.

Within five (5) days of service of the affidavit and worksheet and schedules (where applicable) unless the court shortens or enlarges the time, the opposing party shall file with the clerk and serve upon the other party the affidavit specifying his or her financial circumstances in the form set forth herein and the worksheet and schedules, completed insofar as possible.  

The parties shall file with the clerk and serve upon each other the affidavit and worksheet and schedules (where applicable) at least ten (10) days prior to any court-ordered mediation or other alternative dispute resolution proceeding.

In any case in which a party has previously filed and served the affidavit, worksheet and schedules and thereafter amends the affidavit or worksheet and schedules, any such amendments shall be served upon the opposing party at least 10 days prior to final hearing or trial and shall be filed with the Clerk of Court at or before trial.

On the request of either party, and upon good cause shown to the Court, the affidavits, worksheets, schedules, and any other financial information may be sealed, upon order of the Court.

No social security numbers or account numbers shall be included in any document filed with the Court pursuant to this rule.  Each account shall be specified by financial institution and a partial account number.  No party shall be required to include full account numbers.

Failure of any party to furnish the above financial information, in the discretion of the Court, may subject the offending party to the penalties of contempt and may result in continuance of the hearing until such time as the required financial information is furnished or such other sanctions or remedies deemed appropriate in the Court’s discretion.

Notwithstanding the time limits contained in this rule, the Court may decide a matter without strict adherence to a time limitation, if the financial information was known or reasonably available to the other party, or if a continuance would result in a manifest injustice to a party.

The affidavit shall be under oath and in substantially the following form:

[FORM FOLLOWS]



In the Superior Court of ______________ County, Georgia

)
______________________, Plaintiff )
)
vs. ) Civil Action No. ___________
)
______________________, Defendant )
)

DOMESTIC RELATIONS FINANCIAL AFFIDAVIT

1. AFFIANT’S NAME:______________________________ Age _________

Spouse’s Name: _______________________________ Age _________

Date of Marriage: _____________________ Date of Separation __________________

Names and birth dates of children for whom support is to be determined in this action:

Name Date of Birth Resides with

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

Names and birth dates of affiant’s other children:

Name Date of Birth Resides with

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

2. SUMMARY OF AFFIANT’S INCOME AND NEEDS

(a) Gross monthly income (from item 3A) $ ______________

(b) Net monthly income (from item 3B) ______________

(c) Average monthly expenses (item 5A) $ ______________

Monthly payments to creditors + ______________

Total monthly expenses and payments
to creditors (item 5C) _______________


3. A. AFFIANT’S GROSS MONTHLY INCOME (complete this section or attach Child Support Schedule A)
(All income must be entered based on monthly average regardless of date of receipt.)

Salary or Wages $ ______________
ATTACH COPIES OF 2 MOST RECENT WAGE STATEMENTS

Commissions, Fees, Tips $ ______________

Income from self-employment, partnership, close corporations,
and independent contracts (gross receipts minus ordinary
and necessary expenses required to produce income)
ATTACH SHEET ITEMIZING YOUR CALCULATIONS $ ______________

Rental Income (gross receipts minus ordinary and
necessary expenses required to produce income)
ATTACH SHEET ITEMIZING YOUR CALCULATIONS $ ______________

Bonuses $ ______________

Overtime Payments $ ______________

Severance Pay $ ______________

Recurring Income from Pensions or Retirement Plans $ ______________

Interest and Dividends $ ______________

Trust Income $ ______________

Income from Annuities $ ______________

Capital Gains $ ______________

Social Security Disability or Retirement Benefits $ ______________

Workers’ Compensation Benefits $ ______________

Unemployment Benefits $ ______________

Judgments from Personal Injury or Other Civil Cases $ ______________

Gifts (cash or other gifts that can be converted to cash) $ ______________

Prizes/Lottery Winnings $ ______________

Alimony and maintenance from persons not in this case $ ______________

Assets which are used for support of family $ ______________

Fringe Benefits (if significantly reduce living expenses) $ ______________

Any other income (do NOT include means-tested
Public assistance, such as TANF or food stamps) $ ______________

GROSS MONTHLY INCOME $ ______________
B. Affiant’s Net Monthly Income from employment
(deducting only state and federal taxes and FICA) $ _______________

Affiant’s pay period (i.e., weekly, monthly, etc.) ___________________

Number of exemptions claimed ____________

4. ASSETS

(If you claim or agree that all or part of an asset is non-marital, indicate the non-marital portion under the appropriate spouse’s column and state the amount and the basis: pre-marital, gift, inheritance, source of funds, etc.).

Description Value Separate Asset
of the Husband Separate Asset
of the Wife Basis of the
Claim

Cash
$____________
______________
______________
____________________

Stocks, bonds
$____________
______________
______________
____________________

CD’s/Money Market
Accounts
$____________
______________
______________
____________________

Bank Accounts
(list each account):

_______________
$____________
______________
______________
____________________

_______________
$____________
______________
______________
____________________

_______________
$____________
______________
______________
____________________

Retirement Pensions,
401K, IRA, or
Profit Sharing

$____________

______________

______________

____________________

Money owed you:
$____________
______________
______________
____________________

Tax Refund
owed you:

$____________

______________

______________

____________________

Real Estate:

home:

debt owed:
$ ___________

$ ___________
_____________
_____________
____________________

other:

debt owed:
$____________

$ ____________
______________
______________
____________________
Automobiles/Vehicles:
Vehicle 1:

debt owed: $____________

$ ___________ ______________ ______________ ____________________
Vehicle 2:

debt owed: $____________

$____________ ______________ ______________ ____________________

Life Insurance
(net cash value):

$____________

______________

______________

____________________

Furniture/furnishings:
$____________
______________
______________
____________________

Jewelry:
$____________
______________
______________
____________________

Collectibles:
$____________
______________
______________
____________________

Other Assets:
$____________
______________
______________
____________________

_______________
$____________
______________
______________
____________________

_______________
$____________
______________
______________
____________________

_______________
$____________
______________
______________
____________________

Total Assets:
$____________
______________
______________
____________________

5. A. AVERAGE MONTHLY EXPENSES

HOUSEHOLD
Mortgage or rent payments $ __________ Cable TV $ __________

Property taxes
$ __________
Misc. household and grocery
Items

$ __________

Homeowner/Renter Insurance
$ __________
Meals outside the home
$ __________

Electricity
$ __________
Other
$ __________

Water
$ __________
AUTOMOBILE

Garbage and Sewer
$ __________ Gasoline and oil $ __________

Telephone:
residential line:

cellular telephone:

$ __________

$ __________ Repairs

Auto tags and license

Insurance $ __________

$ __________

$ __________

Gas
$ __________
OTHER VEHICLES
(boats, trailers, RVs, etc.)

Repairs and maintenance:
$ __________ Gasoline and oil $__________

Lawn Care
$ __________ Repairs $__________

Pest Control
$ __________ Tags and license

Insurance $__________

$__________

CHILDREN’S EXPENSES AFFIANT’S OTHER EXPENSES

Child care (total monthly cost)
$__________
Dry cleaning/laundry
$__________

School tuition
$__________
Clothing
$__________

Tutoring
$__________
Medical, dental, prescription
(out of pocket/uncovered expenses)

$__________
Private lessons (e.g., music, dance) $__________
Affiant’s gifts (special holidays)
$__________

School supplies/expenses
$__________
Entertainment
$__________

Lunch Money
$__________
Recreational Expenses (e.g., fitness)
$__________

Other Educational Expenses (list)

Vacations
$__________

____________________
$__________
Travel Expenses for Visitation
$__________

____________________
$__________
Publications
$__________

Allowance
$__________
Dues, clubs
$__________

Clothing
$__________
Religious and charities
$__________

Diapers
$__________
Pet expenses
$__________

Medical, dental, prescription
(out of pocket/uncovered expenses)

$__________
Alimony paid to former spouse
$__________

Grooming, hygiene
$__________ Child support paid for other children
$__________

Gifts from children to others
$__________
Date of initial order:
__________

Entertainment
$__________
Other (attach sheet)
$__________

Activities (including extra-curricular,
school, religious, cultural, etc.)
$__________

Summer Camps
$__________

OTHER INSURANCE
Health
Child(ren)’s portion: $__________
$__________
Dental
Child(ren)’s portion: $__________
$__________
Vision
Child(ren)’s portion: $__________
$__________
Life
Relationship of Beneficiary: $__________
____________
Disability $__________

Other(specify):
$__________
TOTAL ABOVE EXPENSES $ _______________________

B. PAYMENTS TO CREDITORS
(please check one)
To Whom: Balance Due Monthly Payment Joint Plaintiff Defendant

TOTAL MONTHLY PAYMENTS TO CREDITORS: $ ___________________

C. TOTAL MONTHLY EXPENSES: $ ______________________

 

This ______________________ day of ___________, 20________.

 

_____________________________________ _____________________________________
Notary Public Affiant

Rule 24.2A   Monthly figures required; week to month multipliers

In all domestic cases in which a conversion of economic data from weekly to monthly must be made, a conversion factor of 4.35 weeks per month shall be used.

In calculating monthly income based upon a forty hour work week, hourly salary shall be multiplied by 174 hours.

Rule 24.3. Acknowledgement and waivers.

All acknowledgements of service must be witnessed by an official attesting officer or the parties' counsel. Consent of the parties must be signed by both parties and each signature witnessed in the same manner as required for acknowledgements of service.



Rule 24.4. Reserved.

Former Rule 24.4 is now incorporated in Rule 24.2.


Rule 24.5. Witnesses in domestic relations actions.

 

(A) At temporary hearings the parties involved and one additional witness for each side may give oral testimony. Additional witnesses must testify by deposition or affidavit unless otherwise ordered by the court. Any affidavit shall be served on opposing counsel at least 24 hours prior to hearing.

 

(B) Except by leave of court, the minor child/children of the parties shall not be permitted to give oral testimony at temporary hearings; such child/children will be excluded from the courtroom or other place of hearing. When custody is in dispute, if directed by the court, minor child/children of the parties shall be available for consultation with the court. At any such consultation, attorneys for both parties may be in attendance but shall not interrogate such child/children except by express permission from the court. Upon request, the proceedings in chambers shall be recorded,

 

Rule 24.6. Uncontested divorce actions.

 

Uncontested divorce actions may be heard at times agreeable to counsel and the court, subject to the following rules:

 

(A) By written consent of both parties to a hearing a divorce may be granted any time 31 days after service or filing acknowledgment of service.

 

(B) In an unanswered action, a divorce may be granted any time 46 days after service, unless the time for response has been extended by court order.

 

(C) A divorce action served by publication may be granted any time suitable to the judge and attorneys 61 days or more after date of the first publication.

 

(D) All divorce actions with orders for publication or acknowledgments of service should be filed prior to or contemporaneously with the signing of the order or acknowledgment.

 

Rule 24.7. Contested divorce actions.

Although the court may, in appropriate cases, grant judgment on the pleadings or summary judgment that the moving party is entitled to a divorce as a matter of law, no divorce decree shall be granted unless all contestable issues in the case have been finally resolved.

Rule 24.8. Court mandated programs in domestic relations cases.

A) There may be established by any superior court circuit a program designed to educate the parties to domestic relations actions in regard to the effects of divorce on minor children of the marriage. Establishment of the program shall be by majority vote of the judges of the circuit or by the chief judge, in the event of a tie vote by all judges.

B) The superior court judges, under whose authority the program shall function, may require any or all parties to attend an educational seminar of no more than four hours in and domestic relations action before the court. The program may be administered by the court or by contract with a private agency. The seminar shall be conducted by qualified personnel whose professional and educational experiences include a knowledge of children and families.

C) The seminar shall focus on the effects of divorce on children, specifically as it relates to the parents actions during and after the separation, and as it relates to the children at different developmental stages. Specific attention should be given to the effects of the economics of divorce on children.

D) The court or contracted agency may charge each participant a fee, provided there is a fee waiver procedure in cases of indigent parties. The fee may be assessed in addition to court costs against either party in the discretion of the judge. The program shall be non profit.

E) The mandate of attendance shall be by court order with the assigned judge retaining the discretion to waive attendance for good cause shown. Such good cause may include: a party's non residence in Georgia or in the county in which the action is pending or the reasonable availability of a similar program to the party or other such reasonable causes which indicate to the court that a party should not be required to complete the program. The court may, in its discretion, accept alternative counseling covering the subject matter of the required seminar. Unless waived, the failure to successfully complete the seminar shall be cause for appropriate action by the assigned judge, including but not limited to, withholding the final decree of divorce, attachment for contempt and award of attorneys fees and costs.

 

F) The assigned judge may, as a discretionary matter, grant a final decree of divorce completion of the seminar, but shall retain authority to impose sanctions upon either party who fails or refuses to comply with the order to attend and complete the Seminar.

G) The various courts which have established a seminar may make reciprocal agreements which would allow a party to attend an approved out of counts seminar as a substitute for attending the seminar held in the county in which the action is pending.

Rule 24.9:Appointment, Qualification and Role of a Guardian ad Litem

1. Appointment

The Guardian ad Litem ("GAL") is appointed to assist in a domestic relations case by the superior court judge assigned to hear that particular case, or otherwise having the responsibility to hear such case. The appointing judge has the discretion to appoint any person as a GAL so long as the person so selected has been trained as a GAL or is otherwise familiar with the role, duties, and responsibilities as determined by the judge. The GAL may be selected through an intermediary.

2. Qualifications

A GAL shall receive such training as provided by or approved by the Circuit in which the GAL serves. This training should include, but not be limited to, instruction in the following subjects: domestic relations law and procedure, including the appropriate standard to be applied in the case; domestic relations courtroom procedure; role, duties, and responsibilities of a GAL; recognition and assessment of a child's best interests; methods of performing a child custody/visitation investigation; methods of obtaining relevant information concerning a child's best interest; the ethical obligations of a GAL, including the relationship between the GAL and counsel, the GAL and the child, and the GAL and the court; recognition of cultural and economic diversity in families and communities; base child development, needs, and abilities at different ages; interviewing techniques; communicating with children; family dynamics and dysfunction, domestic violence and substance abuse; recognition of issues of child abuse; and available services for child welfare, family preservation, medical, mental health, educational, and special needs, including placement/evaluation/diagnostic treatment services.

3. Role and Responsibilities

The GAL shall represent the best interests of the child. The GAL is an officer of the court and shall assist the court and the parties in reaching a decision regarding child custody, visitation and child-related issues. Should the issue of child custody and/or visitation be tried, the GAL shall be available to offer testimony in accordance with provision 6 and 7 herein.

The GAL holds a position of trust with respect to the minor child at issue, and must exercise due diligence in the performance of his/her duties. A GAL should be respectful of, and should become educated concerning, cultural and economic diversity as may be relevant to assessing a child's best interests.

A GAL's appointment, unless ordered otherwise by the Court for a specific designated period, terminates upon final disposition of all matters pertaining to child custody, visitation and child-related issues. The GAL shall have the authority to bring a contempt action, or other appropriate remedy, to recover court-ordered fees for the GAL's services.

4. Duties

By virtue of the order appointing a GAL, a GAL shall have the right to request all records relating to the minor child maintained by the Clerk of the Court in this and any other jurisdiction, other social and human service agencies, the Department of Family and Children Services, and the Juvenile Court. Upon written release and/or waiver by a party or appropriate court order, the GAL shall have the right to examine all records maintained by any school, financial institution, hospital, doctor or other mental health provider, any other social or human services agency or financial institution pertaining to the child which are deemed confidential by the service provider. The GAL shall have the right to examine any residence wherein any person seeking custody or visitation rights proposes to house the minor child. The GAL may request the court to order examination of the child, parents or anyone seeking custody of the child, by a medical or mental health professional, if appropriate. The GAL shall be entitled to notice of, and shall be entitled to participate in all hearings, trials, investigations, depositions, settlement negotiations, or other proceedings concerning the child.

5. Release to GAL of a Party's Confidential Information from Non-Parties

A GAL's right to request and receive documents and information from mental health professionals, counselors, and others with knowledge of a confidential nature concerning a party is conditional upon the party agreeing to sign a release allowing the GAL access to such records and information.

Upon receipt of a party's signed waiver/release form, the GAL shall have the right to inspect all records, documents and information relating to the minor child(ren) and/or the parties maintained by any mental health professionals, counselors and others with knowledge of a confidential nature concerning a party or minor child.

6. Written Report

Unless otherwise directed by the appointing judge, the GAL shall submit to the parties or counsel and to the Court a written report detailing the GAL 's findings and recommendations at such time as may be directed by the assigned judge. At trial, the report shall be admitted into evidence for direct evidence and impeachment purposes, or for any other purposes allowed by the laws of this state. The court will consider the report, including the recommendations, in making its decision. However, the recommendations of the GAL are not a substitute for the court's independent discretion and judgment, nor is the report a substitute for the GAL's attendance and testimony at the final hearing, unless all parties otherwise agree.

a.  Contents of Report

The report shall summarize the GAL =s investigation, including identifying all sources the GAL contacted or relied upon in preparing the report. The GAL shall offer recommendations concerning child custody, visitation, and child-related issues and the reasons supporting those recommendations.

b. Release of Report to Counsel and Parties

The Report shall be released to counsel (including counsel =s staff and experts) and parties only, and shall not be further disseminated unless otherwise ordered by the Court.

c. Release of GAL's File to Counsel

If ordered by the Court, the parties and their counsel shall be allowed to review and/or copy (and shall pay the cost of same) the contents of the GAL =s file.

d. Unauthorized Dissemination of GAL =s Report and Contents of File

Any unauthorized dissemination of the GAL =s Report, its contents or the contents of the GAL =s file by a party or counsel to any person, shall be subject to sanctions, including a finding of contempt by the Court.

e. Sealing of Written Report

If filed, the Report shall be filed under seal by the Clerk of Superior Court in order to preserve the security, privacy, and best interests of the children at issue.

7. Role at Hearing and Trial

It is expected that the GAL shall be called as the Court =s witness at trial unless otherwise

directed by the Court. The GAL shall be subject to examination by the parties and the court.

The GAL is qualified as an expert witness on the best interest of the child(ren) in question.

The GAL may testify as to the foundation provided by witnesses and sources, and the results

of the GAL =s investigation, including a recommendation as to what is in a child =s best

interest. The GAL shall not be allowed to question witnesses or present argument, absent

exceptional circumstances and upon express approval of the Court.

8. General and Miscellaneous Provisions

Requesting Mental Fitness and Custody Evaluations

Based upon the facts and circumstances of the case, a GAL may request the Court to order the parties to undergo mental fitness and/or custody evaluations to be performed by a mental health expert approved by the Court. The Court shall provide for the parties' responsibility for payment of fees to the appointed experts.

Filing Motions and Pleadings

If appropriate, the GAL may file motions and pleadings if the GAL determines that the filing of such motion or pleading is necessary to preserve, promote, or protect the best interest of a child. This would include the GAL =s right to file appropriate discovery requests and request the issuance of subpoenas. Upon the filing of any such motions or pleadings, the GAL shall promptly serve all parties with copies of such filings.

Right to Receive Notice of Mediations, Hearings and Trials

Counsel shall notify the GAL of the date and time of all mediations, depositions, hearings and trials or other proceedings concerning the children(ren). Counsel shall serve the GAL with proper notice of all legal proceedings, court proceedings wherein the child(ren) =s interests are involved and shall provide the GAL with proper and timely written notice of all non-court proceedings involving the child(ren) =s interests.

Approval of Settlement Agreements

If the parties reach an Agreement concerning issues affecting the best interest of a child, the GAL shall be so informed and shall have the right and opportunity to make objections to the Court to any proposed settlement of issues relating to the children prior to the Court approving the Agreement.

Communications Between GAL and Counsel

A GAL may communicate with a party =s counsel without including the other counsel in the same conversation, meeting or, if by writing, notice of the communication. When communicating with the GAL, counsel is not required to notify opposing counsel of the communication or, if in writing, provide opposing counsel with a copy of the communication to the GAL.

Ex Parte Communication Between GAL and the Court

The GAL shall not have ex parte communications with the Court except in matters of emergency concerning the child =s welfare or upon the consent of the parties or counsel. Upon making emergency concerns known to the Court, the GAL may request an immediate hearing to address the emergency. Notification shall beprovidedimmediately to the parties and counsel of the nature of the emergency and time of hearing.

g. Payment of GAL Fees and Expenses

It shall be within the Court =s discretion to determine the amount of fees awarded to the GAL, and how payment of the fees shall be apportioned between the parties. The GAL =s requests for fees shall be considered, upon application properly served upon the parties and after an opportunity to be heard, unless waived. In the event the GAL determines that extensive travel outside of the circuit in which the GAL is appointed or other extraordinary expenditures are necessary, the GAL may petition the Court in advance for payment of such expenses by the parties.

h. Removal of GAL from the Case

Upon motion of either party or upon the court =s own motion, the court may consider removing the GAL from the case for good cause shown.

Rule 24.10.  Parenting Plans

In all cases involving permanent custody or custody modification (except when a parent seeks emergency relief for family violence), each parent shall prepare and submit a parenting plan, or the parties may jointly submit a parenting plan, as directed by the judge.

The parenting plan should be tailored to fit the needs of each individual family but must at a minimum contain the information required by  OCGA section 19-9-1 (b) and be presented in substantially the following form:

 

[FORM FOLLOWS]

 

__________________COUNTY SUPERIOR COURT
STATE OF GEORGIA

                                                                      
,                                        )          
Plaintiff,                                                           )           Civil Action
)
vs.                                                                   )           Case Number ________________
)
,                                         )
Defendant.                                                      )

PARENTING PLAN

 ( )  The parties have agreed to the terms of this plan and this information has been furnished by both parties to meet the requirements of OCGA Section 19-9-1.  The parties agree on the terms of the plan and affirm the accuracy of the information provided, as shown by their signatures at the end of this order.

( ) This plan has been prepared by the judge.

This plan                     ( ) is a new plan.
( ) modifies an existing Parenting Plan dated ___________.
( ) modifies an existing Order dated __________________.

Child’s Name

Date of Birth

 

 

 

 

 

 

 

 

 

 

 

I.  Custody and Decision Making:

            A.  Legal Custody shall be (choose one:)
                        ( ) with the Mother
( ) with the Father
( ) Joint

            B.  Primary Physical Custodian

            For each of the children named below the primary physical custodian shall be:

 

 

d/o/b: 

 

( ) Mother

 

( ) Father

 

( ) Joint

 

 

d/o/b: 

 

( ) Mother

 

( ) Father

 

( ) Joint

 

 

d/o/b: 

 

( ) Mother

 

( ) Father

 

( ) Joint

 

 

d/o/b: 

 

( ) Mother

 

( ) Father

 

( ) Joint

 

 

d/o/b: 

 

( ) Mother

 

( ) Father

 

( ) Joint

WHERE JOINT PHYSICAL CUSTODY IS CHOSEN BY THE PARENTS OR ORDERED BY THE COURT, A DETAILED PLAN OF THE LIVING ARRANGEMENTS OF THE CHILD(REN) SHALL BE ATTACHED AND MADE A PART OF THIS PARENTING PLAN. 

            C.  Day-To-Day Decisions

Each parent shall make decisions regarding the day-to-day care of a child while the child is residing with that parent, including any emergency decisions affecting the health or safety of a child.

D.  Major Decisions

Major decisions regarding each child shall be made as follows:
           


Educational decisions

( ) mother

( ) father

( ) joint

Non-emergency health care

( ) mother

( ) father

( ) joint

Religious upbringing

( ) mother

( ) father

( ) joint

Extracurricular activities

( ) mother

( ) father

( ) joint

_____________________

( ) mother

( ) father

( ) joint

_____________________

( ) mother

( ) father

( ) joint

 

E.  Disagreements
Where parents have elected joint decision making in Section I.D above, please explain how any disagreements in decision-making will be resolved. ________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

 

II.  Parenting Time/Visitation Schedules

A. Parenting Time/Visitation

During the term of this parenting plan the non-custodial parent shall have at a minimum the following rights of parenting time/ visitation (choose an item):

( )  The weekend of the first and third Friday of each month.

( )  The weekend of the first, third, and fifth Friday of each month.

( )  The weekend of the second and fourth Friday of each month.

( )  Every other weekend starting on __________.

( )  Each _________ starting at _________a.m./p.m. and ending __________ a.m./p.m.

( ) Other:  ______________________________________________________

( ) and weekday parenting time/ visitation on (choose an item):
( ) None
( ) Every Wednesday Evening
( ) Every other Wednesday during the week prior to a non-visitation weekend.
( ) Every ___________________ and _____________ evening.
( ) Other:   ______________________________________________
_____________________________________________________
______________________________________________________

For purposes of this parenting plan, a weekend will start at ______ a.m./p.m. on [Thursday / Friday / Saturday / Other: _____________ ] and end at _______ a.m./p.m. on [Sunday / Monday / Other: _________________ ].

Weekday visitation will begin at _____ a.m./p.m. and will end [___p.m. / when the child(ren) return(s) to school or day care the next morning / Other:________ ].

This parenting schedule begins:

( ) ____________________    OR      ( ) date of the Court’s Order
(day and time)

 

            B.   Major Holidays and Vacation Periods

Thanksgiving

The day to day schedule shall apply unless other arrangements are set forth:  ____________________________________________________________________________________________________________________________________________________________ beginning _____________________.

Winter Vacation

The ( ) mother ( ) father shall have the child(ren) for the first period from the day and time school is dismissed until December ______ at __________ a.m./p.m. in ( ) odd numbered years ( ) even numbered years ( ) every year.  The other parent will have the child(ren) for the second period from the day and time indicated above until 6:00 p.m. on the evening before school resumes.  Unless otherwise indicated, the parties shall alternate the first and second periods each year.

Other agreement of the parents: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Summer Vacation

Define summer vacation period: _______________________________________________

The day to day schedule shall apply unless other arrangements are set forth:  _______________________________________________________________________________________________________________________________________________________________ beginning _____________________.

 

Spring Vacation (if applicable)

Define:_____________________________________________________________________

The day to day schedule shall apply unless other arrangements are set forth:  _______________________________________________________________________________________________________________________________________________________________ beginning _____________________.

 

Fall Vacation (if applicable)

Define:_____________________________________________________________________

The day to day schedule shall apply unless other arrangements are set forth:  ____________________________________________________________________________________________________________________________________________________________ beginning _____________________.

 

C. OtherHoliday Schedule (if applicable)

Indicate if child(ren) will be with the parent in ODD or EVEN numbered years or indicate EVERY year:

 

MOTHER

FATHER

Martin Luther King Day

_________________

__________________

Presidents’ Day

_________________

__________________

Mother’s Day

_________________

__________________

Memorial Day

_________________

__________________

Father’s Day

_________________

__________________

July Fourth

_________________

__________________

Labor Day

_________________

__________________

Halloween

_________________

__________________

Child(ren)’s Birthday(s)

 

 

Mother’s Birthday

_________________

__________________

Father’s Birthday

_________________

__________________

Religious Holidays: ________________
________________
________________
________________

_________________

__________________

Other: ________________

 

_________________
_________________
_________________
_________________

 

__________________
__________________
__________________
__________________

Other: ________________

_________________

__________________

Other: ________________

_________________

__________________

 

_________________

__________________

 

 

 

D.  Other extended periods of time during school, etc. (refer to the school schedule)
________________________________________________________________
________________________________________________________________
________________________________________________________________

E.  Start and end dates for holiday visitation

For the purposes of this parenting plan, the holiday will start and end as follows (choose one):

( ) Holidays that fall on Friday will include the following Saturday and Sunday
( ) Holidays that fall on Monday will include the preceding Saturday and Sunday
( ) Other: _______________________________________________________

F.  Coordination of Parenting Schedules
 
Check if applicable:
 
( )         The holiday parenting time/visitation schedule takes precedence over the regular parenting time/visitation schedule.
 
( )        When the child(ren) is/are with a parent for an extended parenting time/visitation period (such as summer),  the other parent shall be entitled to visit with the child(ren) during the extended period, as follows:
                        ________________________________________________________________________________

________________________________________________________________________________

G. Transportation Arrangements

For visitation, the place of meeting for the exchange of the child(ren) shall be:
___________________________________________________________________________

___________________________________________________________________________

The ___________ will be responsible for transportation of the child at the beginning of visitation.

The ___________ will be responsible for transportation of the child at the conclusion of visitation.

Transportation costs, if any, will be allocated as follows:
________________________________________________________
________________________________________________________

Other provisions: __________________________________________

H.  Contacting the child

When the child or children are in the physical custody of one parent, the other parent will have the right to contact  the child or children as follows:

( ) Telephone

( ) Other:____________________________________________________________________

( ) Limitations on contact: ___________________________________________________________________________

I.  Supervision of Parenting Time (if applicable)

(  )  Check here if Applicable

Supervised parenting time shall apply during the day-to-day schedule as follows:

Place: _______________________________________________________

Person/Organization supervising: _________________________________

Responsibility for cost: 

( ) mother

( ) father

( ) both equally

 

J. Communication Provisions

Please check:

( ) Each parent shall promptly notify the other parent of a change of address, phone number or cell phone number.  A parent changing residence must give at least 30 days notice of the change and provide the full address of the new residence.

( ) Due to prior acts of family violence, the address of the child(ren) and victim of family violence shall be kept confidential.  The protected parent shall promptly notify the other parent, through a third party, of any change in contact information necessary to conduct visitation.  

 

  1. Access to Records and Information

 

Rights of the Parents

Absent agreement to limitations or court ordered limitations, pursuant to O.C.G.A. § 19-9-1 (b) (1) (D), both parents are entitled to access to all of the child(ren)’s records and information, including, but not limited to, education, health, extracurricular activities, and religious communications.  Designation as a non-custodial parent does not affect a parent’s right to equal access to these records. 

Limitations on access rights:  ______________________________________________

______________________________________________________________________

______________________________________________________________________

Other Information Sharing Provisions:  _________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

IV.        Modification of Plan or Disagreements

Parties may, by mutual agreement, vary the parenting time/visitation; however, such agreement shall not be a binding court order.  Custody shall only be modified by court order.

Should the parents disagree about this parenting plan or wish to modify it, they must make a good faith effort to resolve the issue between them.  

V.         Special Considerations

Please attach an addendum detailing any special circumstances of which the Court should be aware (e.g., health issues, educational issues, etc.)  

 

_________________________________________________________________________________

VI.        Parents’ Consent

Please review the following and initial:

  1. We recognize that a close and continuing parent-child relationship and continuity in the child’s life is in the child’s best interest.

 

Mother’s Initials:  ___________    Father’s Initials: ____________

  1. We recognize that our child’s needs will change and grow as the child matures;  we have made a good faith effort to take these changing needs into account so that the need for  future modifications to the parenting plan are minimized.

 

Mother’s Initials: ____________   Father’s Initials: ____________

  1. We recognize that the parent with physical custody will make the day-to-day decisions and emergency decisions while the child is residing with such parent.

 

Mother’s Initials: __________       Father’s Initials: _____________

 

(  )  We knowingly and voluntarily agree on the terms of this Parenting Plan.  Each of us affirms that the information we have provided in this Plan is true and correct.

 

______________________________            _______________________________
Father’s Signature                                          Mother’s Signature

 

ORDER

The Court has reviewed the foregoing Parenting Plan, and it is hereby made the order of this Court.

This Order entered on _____________________________________, 20 _____ .

 

                                                            __________________________________
JUDGE
___________ COUNTY SUPERIOR COURT