IN THE CHANCERY COURT FOR MONTGOMERY COUNTY, TENNESSEE ruc Dank 2? EDWARD Mavis, CLERK AT CLARKSVILLE DIANA AMANDA (BARBIERI) CHISM, Complainant, Vs. STACY TREMAYNE CHISM, Defendant BY. Paves DEPUTY CLERK ) AMnB 5S py } nO prea ) DOCKETNO.: 900 1-03-O11F COMPLAINT FOR LEGAL SEPARATION I. STATISTICAL INFORMATION Pursuant to the provisions of T.C.A. 36-4-106, the Complainant submits the following statistical information: COMPLAINANT: Full Name’ Race: Address/Residence: eRe Length of Residence: Date and Place of Birth: ae Employed: ‘Number of Prior Marriages: Member of Armed Forces: eae DEFENDANT: Full Name’ 2. Race: 3: Address/Residence: Service Address Length of Residence: Date and Place of Birth: we Employed: Number of Prior Marriages: Member of Armed Forces: DATE AND PLACE OF MARRIAGE: DATE AND PLACE OF SEPARATION: Diana Amanda (Barbieri) Chism 1121 Riverwood Place, Apt. 613 Clarksville, Tennessee 37040 In excess of 6 months 12/25/78 Sao Paulo, Brazil None No Stacy Tremayne Chism Resident of Tennessee 1121 Riverwood Place, Apt. 613 Clarksville, Tennessee 37040 In excess of 6 months 04/17/75 Ft. Campbell, KY USS. Zine of Clarksville None No 09/05/98 Clarksville, Tennessee 02/01 Clarksville, Tennessee‘CHILDREN BORN OF THIS MARRIAGE: — TWO PHILIP DANIEL CHISM, _D/O/B: 01/21/99, ISABELLA CHRISTINA CHISM, D/O/B: 04/23/00, I. GROUNDS Imeconcilable differences exist between the parties, pursuant to T.C.A. § 36-4-101(14). ‘The Defendant has been guilty of inappropriate marital conduct pursuant to T.C.A. § 36- 4-101(11). ‘The Defendant has been guilty of adultery pursuant to T.C.A. § 36-4-112. I. FACTS 1, Jurisdiction. The grounds for this divorce arose while the Defendant was a resident of ‘Tennessee. Further, the Defendant is in military service. 2. The parties separated in Clarksville, Montgomery County, Tennessee. 3. The Complainant has not participated in other litigation nor is there any pending action anywhere concerning the custody of the minor children. Further, the Complainant does not know of any person not a party to these proceedings who had physical custody of the subject minor children or claim to have custody or visitation rights with respect to the minor children, The Complainant avers that the best interests of the children require that the attached parenting plan be implemented. 4. Property ard Debts. At the time of the filing of this Complaint, the parties have not entered into a Legal Separation Agreement. 5. The parties have acquired certain marital debts or assets during the marriage 6. Ifa Legal Separation Agreement is executed by both parties, it will be submitted to the Court for approval IV. PRAYERS WHEREFORE, Complainant prays: 1 That proper process issue and be served upon the Defendant, requiring the Defendant to appear and Answer this bill :o which process can be made returnable, but the Defendant's oath to the Defendant’s answer waived or in the altemative, process be served through publication. 2. That at a hearing of this cause the parties be declared legally separated. 3. That the Court make an equitable distribution of the parties’ personal property. 4, That the Complainant be made the primary residential parent of the parties” minor children with the Defendant having time with the children as set out in the‘proposed Parenting Plan, attached hereto as Exhibit A. 5. That the Defendant be ordered to pay child support both pendente lite and in ‘the final oder in compliance with Tennessee Child Support Guidelines in the amount of thirty-two (32%) percent of the Defendant's net income, 6. That the Defendant be ordered to pay alimony to the Complainant both pendente lite and in the final order. 7. That the Defendant be ordered to maintain the military benefits allowed to the Complainant, to include any dental, opthalmological, optometric, medical, or hospitalization 8. That the Court make an equitable distribution of the parties’ marital assets. 9, That the Defendant be required to maintain the minor children’s military identification card and all of the military benefits available to the children. The Defendant shall be required keep the child enrolled in the DEERS program. The Father should be solely responsible for any dental, orthodontic, opthalmological, optometric, medical or hospitalization expenses not covered by the military benefits, 10. That the Defendant be required to set up and maintain an account for the children’s college education. The Defendant should pay $100.00 per month for both children into this account. 11. That the Court make an equitable distribution of the parties’ marital debt. 12, That should the parties enter into a Legal Separation Agreement the Court incorporate such document in the final order 13 That the Defendant be ordered to pay the attorney fees and costs for bringing, this action. 14 For whatever relief justice and equity may require. Respectfully submitted this S#tday of —7ila4é 2001. LAW OFFICE OF WILLIAM L. ALDRED, JR. CARRIE W. KERSH, 108746 Attorney for Complainant 221 South Second Street Clarksville, Tennessee 37040 (031) 648-9619STATE OF TENNESSEE ) ) ‘COUNTY OF MONTGOMERY ) 1, DIANA AMANDA CHISM, hereby make oath in due form of law that the statements -contained in my foregoing bill are true and correct to the best of my knowledge, information and >elief and that my complaint is not made out of levity or by collusion with the Defendant, but in truth and sincerity for the causes mentioned therein MV DIANA AMANDA CHISM SWORN TO AND SUBSCRIBED before me, this the ZA day of Wg, 2001 Likbes at ploile [OTARY PUBLIC My Commission expires: ror,FORM 20a IN THE CHANCERY COURT OF MONTGOMERY COUNTY, TENNESSEE DIANA AMANDA CHISM, PLAINTIFF wo _200h03- 01/9 vs STACY TREMAYNE CHISM, DEFENDANT PERMANENT PARENTING PLAN This Permanent Parenting Plan respect to the parenting of their children is presented by: Diana Amanda Chism, (hereinafter refered to as “Mother") and Stacy Tremayne Chism, (hereinafter refered to as Father") This plan is proposed by: Mother. This plan has been reached by: Qagreemer 1. PARENTING & SUPPORT Mediation QOther ADR Oby Courr hearing on [Date] 11 PARENTING. The partes will share parenting oftheir minor child(ren): Primary residence for purpose of Uniform Child Custody Jurisdiction Act, T.C.A. §36-6-201, et seq. is with ExlMother ChFather Philip Daniel Chism Tenis name] Isabella Christiana Chism 04/23/00 Emother OhFather [ens name} iz DOB) ‘The designation does not affect either parent's rights and responsibilities under this parenting plan 12 FINANCIAL SUPPORT. ChMother ElFather,“Obligor Spouse, wil pay child support forthe two minor child(ren) in accordance with the Tennessee Child Support Guidelines in the amount of $455.00 per month. ‘The support will bbe paid every month to BelMother Ci Father, “Obligee Spouse”. DIA wage assignment wil issue (by separate order tobe presented by counsc) othe employer of Obligor Spouse USS. Zine of Clarksville, 480 Intemational, Clarsvl, Tennessee 37040. Employer iso deduct th amount of support as noted above pls five percent (5%) fe and send he tol amount of $477.75 to: Cental Child Support Reciping Unit, P.O, Box 305200, Nashville, T'N 37229 13. TAX EXEMPTION. Mother Crater wil receive the tax exemption fr the ele) ach party wil provide tothe other, on or before April 15 of every year, # copy oftheir respective W-2 form or copy of the fast page oftheir wx retum. Where a copy ofthe ist page ofthe retum isto be provided, that copy may be provided on or‘before August 15 ifan extension is sought, in which case a copy ofthe request for extension will be funished on o before April 15 of each year. 14 HEALTH INSURANCE. ChMother Blather will maintain medca/hospital insurance on the minor eile, and proof of continuing coverage will be furnished by February 15 of each year. Uncovered medicals, including deductibles, if any, willbe ether: TBlbome by other DlFather, OR Clavided equally between the pasties, OR Qlotter: 15 DENTAL INSURANCE. C)Mother BzlFather will maintain dentaVorthodonties insurance on the minor child(ren), and proof of continuing coverage will be furnished by February 15 of each year. Uncovered medicals, including deductibles, if any, will be either: TZlbome by CAMother Blather, OR Caves equally bemseen the pats, 16 LIFE INSURANCE. ChMoiher DElratner wil maintain life insurance in the minimum amount of $54,000.00, whole ie or tem, which may not decrease in face amount during the minority of any child. The policy will name te miner child(ren) as primary beneficiaries and proof of continuing coverage will be furnished by February 15* of each year. The insured shall also designate EElMother CFather Chotber as guardian over these finds for the benefit of the child(ren). The choice of secondary beneficiaries will be left to the owner of the policy, and if the type cof poliey chosen is whole life, the owner may retain control of the investment portion of the policy 2. SCHEDULES 2.4 RESIDENTIAL SCHEDULE. Cre parties have been unable to agree, nd the residential provisions are submited othe COURT for desist, ‘The parties have agreed to the following residential schedule: 2.2 PRE-SCHOOL SCHEDULE. Dal There are two children of preschool age. Prior to enoliment in schoo, the child(ren) will reside with DElMother Claes, excep for the following days and times when the cldren wl reside o be withthe other parent From: Saturday at 1,00 pm. To: Saturday at 6:00 pm PElevery woek Clever other week Cle first and thir weck ofthe month Othe second and fourth week of the month Clother: and From: Sunday at 200 pm. To: Sunday at 5:00 pam. wvery week — Clevery other week Othe first and third week of the month Othe second and fourth week ofthe month Dotter: Page 2 0f723 SCHOOL SCHEDULE. Note: This schedule applies during the enrollment of the children in elementary, middle ‘and high school. To the extent that the residential schedule is anticipated to change at any level of education, a separate school schedule should be prepared to reflect the change, 23:1 Upon enrollment in school, the child(ren) wil reside with DE]Motier Cather, except for the following days and times when the child(ren) will reside or be with the other parent From: Saturday at 1:00 pm, To: Satuday at 6:00 p.m. Qlevery week — Balevery other week the first and third week of the month, Othe second and fourth week of the month Clother: and From: Sunday at 2:00 pm. To: Sunday at 5:00 p.m. Dlevery week — Exlevery other week Clthe first and third week of the month ine second and fourth week of the month Clother: 23.2 This school schedule will start when cach child begins PElkindergarten Olt grade OD osher: 24 SCHEDULE FOR WINTER/CHRISTMAS VACATION. The child(ren) will reside with: Bl another father during the winter vacation, except forthe following days an times when the eile) wil resie or bbe withthe other parent ffom 200 pm, ntl 6:00 pm. on Christmas Day 25 SCHEDULE FOR SPRING VACATION. Thecld(en wil reside with BElMother ether during the sring ‘vacation, except forthe following days and times when the child(ren) will reside or be with the other parent: same as regular school schedule. 2.6 SUMMER SCHEDULE. Upon completion ofthe school year, the child(cen) will reside with: |Mother CiFather, except for the following days and times when the child(ren) will reside with or be with other persons or the other parent: Balsume as school yearscheduic Clone week every month Two wosks every month Done month beginning Qa weeks, starting ‘summer camp beginning Clsuramer sports programs will be honored, and hey begin indent Qother: 28 RESIDENTIAL TIME RESTRICTIONS. C)Do not apply, OR Cimother’s BélFather’s residential time with the child(ren) will be restricted because of: Page 3 of 7TElpiysical abuse, sexual abuse, o pattem of emotional abuse, atistry of ats of domestic violence or an assault or sel asa which has caused grievous bodily harm or the fear of such harm; cps or substantial non performance of pareating functions; Ca tong-term emotional o physical impairment which intrfres with he performance of parenting functions; absence of r substantial impairment of emotional tes between the child andthe parent; Catusive use of conic by the parent which eestes the danger of serious damage to childs psychological development itinoing fom the other parent access 10a child for protracted period without good cause as follows. [these restrictions are to remain C)Permanently BxUntil Agreement of the parties or further orders of ‘the Court 29 TRANSPORTATION ARRANGEMENTS. Transportation arrangements for the child(ren) between the parents will be as follows: "The Father will visit the children atthe home of the Mother with the Mother supervising said contact. 2.10 PARENTAL RELOCATION. The parties acknowledge that T.C.A. § 36-6-108 applies and the pertinent provisions of said statute are as follows: (@) Ifa parent who is spending intervals of time with a child desires to relocate outside the state or more than one hundred (100) miles from the other parent within the state, the relocating parent shall send a notice to the other parent at the other parent’s last known address by registered or certified mail. Unless excused by the court for exigent circumstances, the notice shall be mailed not later than sixty (60) days prior to the move. ‘The notice shall contain the following (1) Statement of intent to move; 2) Location of proposed new residence; ) Reasons for proposed relocation; and (4) Statement thst the other parent may file @ petition in opposition wo the move within Wisty (30) days of receipt of the notice. (b) Unless the parents can agree on a new visitation schedule, the relocating parent shall file a petition seeking alter visitation ‘The court shall consider all relevant factors, including those factors enumersted within subsection (4). The court shall also consider the aveilability of alternative arrangements to foster and continue the child’s relationship with and access to the other parent, The court shall assess the costs of transporting the child for visitation and determine whether a deviation from the child support guidelines should be considered in light of all factors including, but not limited to, additional costs incurred for ‘transporting the child for visitation. (©) Ifthe parents are actually spending substantially equal intervals of time with the child and the relocating parent seeks to ‘move with the child, the other parent may, within thirty (30) days of receipt of notice, file a petition in opposition to removal Page 4 of 7of the child. No presumption in favor of or against the request to relocete with the child shall rise. The court shall determine ‘whether or not to permit relocation ofthe child based upon the best interests ofthe child (@) If the parents are not actually spending substantial equal intervals of time with the child and the parent spending the ‘greater amount of time with the child proposes to relocate with the child, the other parent may, within thirty (30) days of receipt of the notice, file a petition in opposition to removal of the child. The other parent may attempt to relocate with the child unless expressly authorized to do so by the court pursuant to a change of custody or primary custodial responsibility. ‘The parent spending the greater amount of time with the child shall be permitted to relocate with the child unless the court finds: (Q)_Therelocation does not have a reasonable purpose; 2) The relocation would pose a threat of specific and serious harm to the child which outweighs the threat of ‘harm to the child of a change of custody; or G) The parent’s motive for relocating with the child is vindictive in that it is intended to defeat or deter Visitation rights of the non-custodial parent or the parent spending less time with the child 3. DECISION MAKING 31 DAY-TO-DAY DECISIONS. Each parent will make decisions regarding the day-to-day care and control of each child while the child is residing with that parent, Regardless of the allocation of decision making in the parenting plan, either parent may make emergency decisions affecting the health and safety of the child(ren) 3.2 MAJOR DECISIONS. Major decisions regarding each child will be made as follows: 3.23 HEALTHCARE. The child(ren) will continue under the medical insurance plan of the: Other ther. In the event there are medical expenses not covered by medical insurance, the parents will share those costs equally. Mother and Father will consult with respect to major, non-emergency medical decisions, and either Father or Mother will be entitled to seek a second opinion with respect to the necessity or wisdom of any medical decision, If a second opinion differs in any material respect with the fist opinion, a third opinion will be obtained, and the majority opinions will control, ‘The partes have agreed that either parent may make emergency decisions affecting the health and safety of the child(ren). To the extent that the following medical services are not covered by medical insurance, they are approved: eyeglasses or contact lenses, braces, routine annul physical (with the results available to both parents), and periodic dental IMother C)Father after consultation, cleaning with any cavities filed. Decisions not covered hereunder will be made by 3.24 EXTRACURRICULAR ACTIVITIES. Both parents have encouraged the child(ren) to engage in extracurricular activit s, and to that end they are willing to share in the expense of, sind will jointly consult with respect to, the following (narrow thelist as appropriate): activites in which the children express an interest {deine the ype suchas foal wresting, glee cu, cheerlsatng cls rips, summer camp, ete To the extent that one parent isnot willing to participate inthe funding of any extracurricular activity, then the other parent will ave the sole decision-making authority ‘with respect to that activity, and the non-contributing parent will not object. There will be no comment made with respect to financisl non-contibution of one parent in the provision of extracurticular activities by the other. Neither parent will engage in the provision of extracuricular activities for the child(ren) which will result in the exclusion, whether intentional or unintentional, of the other. As the child(ren) enter teenage years, the child(ren) will be permitted to attend social functions sponsored by their school or church as well as private parties, provided both perents are satisfied that aleohol and drugs are Page 5 of 7not available at those functions. Both parents will consult with respect to any such function and will, where possible, reach a joint decision on whether the child(ren) may attend, In the event that there is any disagreement with respect to the attendance at such a function or if there is an extracurricular matter not covered hereunder, EEIMother Cather wil make the decision, 33 GENERAL PRINCIPLES. Mother and Father make the following agreement and allocation with respect to their parenting responsibilities. 33.1 CHILD NURTURE. Mother and Father will conduct themselves with respect to each other and the child(ren) so as to provide a loving, stable, consistent and nurturing relationship with the child(ren) even though they, themselves, are being divorced. To that end they will not speak derogatorily of each other or the members of the family ofthe other, will not cause the child(ren) to be drawn into any dispute regarding decisions affecting the child(ren) and will not stempt to eury favor ‘ith the child(ren) tothe detriment ofthe other. 332 DAILY NEEDS. When each child is in the care of « parent, thet parent will insure the child will be properly groomed, fed and clothed. Te child willbe given proper physical, health and day care (if both parents work and the child is less then 12 years ol), 333 INTERPERSONAL RELATIONSHIPS. Both Father and Mother will encourage and foster relationships of each child with other childven, family members and, where appropriate, secular members to insure each child hes « well-rounded upbringing In addition, the parents will expose each child as to many of the following activities as they can [eh ri, raading, be as pci pss eal fire dpe ovr ote the pares blew ae opr 34 RESTRICTIONS IN DECISION MAKING. Coes not app, OR PAlsote decision making wll be made by E&]Mother CUather forthe following reasons imitation on other parents decision-making authority mandated by TCA. §36-6-412; both parents are opposed to mutual decision makings Cone parent is opposed o mutual decision making, and such opposition is reasonably based upon the following eriteia: Dine existence ofa limitation under .C.A,§36-6-412; Cine history of participation of each parent in decison making in each ofthe areas of TCA §36-6-106; weiner te parents have demonstrated ability and desire to cooperate with one anole indecision raking in each ofthe areas in T.C A. §36-6-106; and De parents’ geopraphic proximity to one another tothe extent that it affects their abil o make timely ral decisions nese restrictions eto remain CDPemanently Cnt 4 OTHER PROVISIONS. Due to prior physical and emotional abuse as well as alcohol abuse, the Father's parenting time will be supervised by the Mother pending further Court order. Page 6 of 75. _ DISPUTE RESOLUTION. Pursuant to T.C.A. § 36-6-409, disputes arising between the partes will be resolved by court action due toa limiting factor under T.C.A. § 36-6-406. 5.1 Inthe dispute resolution process, preference wil be given to carrying out the parenting plan 5.2 Unless an emergency exiss, the parents will use the designated process to resolve disputes relating to ‘implementation ofthe plan, except those related to financial support. 53 A writen record of any agreement reached between the parties will be provided to the parties and submited to the COURT, where necessary, for a Consent Order of Modification. 54 A the COURT finds « parent lus misused or Suststed the dispute resolution process, the COURT will award attomey fees and financial sanctions tothe non-abusing party, 55 Theparties have th right of review from the dispute resolution process tothe COURT. 5.46 No dispute resolution process, except COURT action, will be required if a limiting factor under TCA §36-6-412 applies or one parent is unable to afford the cost ofthe proposed dispute resolution process 7. DECLARATION We each make the following declaration in submitting this plan: UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF TENNESSEE, I DECLARE THAT THIS PLAN HAS BEEN PROPOSED IN GOOD FAITH AND IS IN THE BEST INTEREST OF THE CHILD(REN) AND THAT THE STATEMENTS HEREIN ARE TRUE AND CORRECT. Fa afoot lel W 8-27.06] Chteile HY [Dated Prose Siradh Page 7 of 7IN THE CHANCERY COURT FOR MONTGOMERY COUNTY, AT CLARKSVILLE riiep—t EDWARD OA DIANNA AMANDA CHISM, BY. PUTY CLERK COMPLAINANT, nd vs. pocker No. 200/-03-0/1 4 STACY TREMAYNE CHISM, DEFENDANT. SEPARATION AGREEMENT This agreement, made this RMA day of Marsh . 2001, by and between Dianna Amanda Chism, party of the first part, and Stacy Trenayne Chim, of Montgomery County, Tennessee, party of the secend part: WITNESSETH: THAT WHEREAS, the first and second parties are wife and hushand and have ceased to live together, and irreconcilable differences have arisen which render it impossible for them to hereafter live together as husband and wife; and WHEREAS, the parties have as issue of said marriage the following children: Phillip Daniel Chism, d/o/b: 1/21/99 and Isabella Christina Chism, d/o/b: 4/23/00; and WHEREAS, the parties hereinafter agree ketween themselves on a settlement of property rights and differences existing between then, and for the welfare of the children, and for the purpose of settling all of their differences, and in consideration of the premises, they have entered into the following agreement with each other, to-wit: 1. That neither of them, the Wife nor Husband, shall molest the other of them, or compel, or endeavor to compel, the other to cohabit or dwell with her or him by any legal proceedings for tution of conjugal rights, or otherwise howsoever. 2. That neither of them, the Wife or Husband, shall take any proceedings against the other of them, to obtain a divorce or judicial separation in respect of any misconduct which has heretofore taken place, or is alleged to have taken place, on the part of either of them. 3. That all the wearing apparel and personal ornaments of the Wife, and all movable personal property belonging to the Wife, AMO SOnow in her possession, and all household effects shall belong to the Wife, as her separate estate, independently of the Husband. That all property of the Wife, both real and personal, now held by her, or which shall hereafter come to her, shall be and remain her sole and separate property, free from all rights of the Husband, with full power to her to convey, assign, or deal with the same as if she were single. The Husband will, from time to time, execute all such deeds and papers as may be necessary to enable her to sell, assign, or deal with her said property. 4. It is understood and agreed that party of the first part shall not be liable for any debts hereafter incurred by the party of the second part and notice to that effect shall be published That on the death of the Wife in the lifetime of the Husband, all her separate estate, whether real or personal, which she shall not have disposed of in her lifetime, or by will, shall, subject to her debts and engagements, go and belong to the person or persons who would have become entitled thereto if the Husband had died in the lifetime of the Wife 6. If the Wife shall die in the lifetime of the Husband, he shall permit her will to be proved, or administration upon her personal estate and effects to be taken out by the person or persons who would have been entitled to do so had the Husband died in her lifetime. 7. The parties agree to abide by the Permanent Parenting Plan attached hereto as Exhibit A. 8. The Wife shall be entitled to exclusive possession of the marital residence located at 1121 Riverwood Place, Apartment 613, Clarksville, Tennessee 37040, currently leased by the parties. Wife shall be solely responsible for the payment of the rent pursuant tc that lease and shall hereafter hold the Husband harmless. The party of the second part assigns in trust as hereinafter provided all of the life insurance and accident insurance policies now in force and carried by the party of the second part upon his life, for the benefit of the party of the first part, and it is agreed that the beneficiary of said policies shall not be changed,nor shall said policies ever be re-assigned. The Husband shall pay directly to the Wife spousal support in the amount of $250.00 per month. Additionally, Husband will provide health and dental insurance for the Wife. Entered into this date first above written. Q At ix CHISM CY TRE} TSM Sworn and subscribed to before Sworn and subscribed to before me this, the 2 AMA day of me this the AZM day of+ £__, 2001. WMarcp_» 2001. Anne L Whebau t. tinh, NOTARY PUBLIC NOTARY PUBLIC My Commission Expires: Lofeafoa) My Commission Expire: wlyapet)IN THE CHANCERY COURT OF MONTGOMERY COUNTY, TENNES DIANA AMANDA CHISM, PLAINTIFF No. vs. Part STACY TREMAYNE CHISM, DEFENDANT PERMANENT PARENTING PLAN ‘This Permanent Parenting Plan respect to the parenting of their children is presented by: Diana Amanda Chism, (hereinafter referred to as “Mother”) and Stacy Tremayne Chism, (hereinafter referred to es Father”) This plan is proposed by: Mother. This plan has been reached by OAgreement OMediation Other ADR Oby Court hearing on [Date] 1. PARENTING & SUPPORT LL PARENTING. The partes will share parenting oftheir minor child(ren) Primary residence for purpose of Uniform Child Custody Jurisdiction Act, T.C.A. §36-6-201, ef seq. is with: Philip Daniel Chis o12199 IMother ChFather TF nanah ‘ates Do Tsbella Christiana Chism 0473100 Mother Father Teas name] ‘Pras DOB} The designation does not affect ether parent's rights and responsibilities under this parenting plan, 1.2 FINANCIAL SUPPORT. C)Mother EalFather, “Obligor Spouse”, will pay child support for the two minor child(cen) in accordance with the Tennessee Child Support Guidelines in the amount of $455.00 per month, ‘The support will be paid every mont to BE Motier Cater, “Oblizee Spouse” DIA wage assignment wil sue (by separate order to e presented by counsel othe employer of Obigor Spouse USS. Zine of Clarksville, 480 Intemational, Clarsvle, Tennesoee 37040, Employer sto deduct the amount of support as reed aboveplus a ive percent (5%) fe and send he tol amount of $477.75 to: Central Child Support Reseping Us, P.O, Box 365200, Nashville, TN 37229 13. TAX EXEMPTION, EzlMother ClFater wil rcsve the tx exemption for th chile) Each pay wil provide tothe other, on or before April 15 of every year, copy ofthe respective W2 form or acopy ofthe first page oftheir tax return. Where a copy ofthe first page ofthe retum is to be provided, that copy may be provided on or agebefore August 15 ifan extension is sought, in which case « copy of the request for extension will be furnished on or before April 15 of each year. 14 HEALTHINSURANCE. ChMother E2rather will msntan medicahospital insurance on the minor cule), ‘and proof of continuing coverage will be furnished by February 15 of each year. Uncovered medicals, including deductibles, iff any, will be either: ene by COMot Dotter 158 DENTAL INSURANCE. O)Mother élFether will maintain dental/orthodontics insurance on the minor child(ren), ther, OR Claivided equally between te partes, OR and proof of continuing coverage will be furnished by Februsry 15 of each yeu. Uncovered medicals, including deductibles, if any, will be either PBbome by CaMothe: Barater, OR Caivided equally betveen the parties, 1.6 LIFE INSURANCE. Mother BilFather will maintain life insurance in the minimum amount of $50,000.00, whole life of term, which may not decrease in face amount during the minority of any child, The policy will name the minor child(ren) as primary beneficiaies and proof of continuing coverage will be furnished by February 154 of each year. The insured shall also designate PelMother Cather Dhow fs guardian over these furds for the benefit of the child(ren}. The choice of secondary beneficiaries will be left to the owner of the policy, and if the type ‘of policy chosen is whole life, the owner may retsin control of the investment portion of the policy. 2. SCHEDULES 21 RESIDENTIAL SCHEDULE. othe parties have been unable to agee andthe residential provisions are submited tothe COURT fr deison Ite parties have agree tothe following residential schedule: 2.2 PRE-SCHOOL SCHEDULE, Lil Tere ar wo clea of preschool age. DElPvioe to earolment in schol, the chien) wil reside with BElMother COFathe, except for the following days and times when the chilen) wil reside or be withthe other parent: From: Saturday a0 pam. To Saturday at 600 pam THlevery week every other week Cite fst an third week ofthe mont Dine second end fourth week the moni eter and From: Sunday at 2:00 pm, To: Sunday at 5-00 p.m. PBlevery week Clever other week: Cte sist an third eek ofthe month Othe second and fourth week of the month Doster: Page 2 0f723 SCHOOL SCHEDULE. Note: This schedule applies during the enrollment of the children in elementary, middle and high school. To the extent that the residential schedule is anticipated to change at any level of education, a separate school schedule should be prepared to reflect the change. 2.3.1 Upon enrollment in school, the child(ren) will reside with BelMother QiFather, except for the following days and ‘times when the child(ren) will reside or be with the other parent: From: Saturday at 1:00 pm, To: Satuday at 6:00 p.m, Qlevery week — BElevery other week Othe first and third week of the month. Dine second and fourth week ofthe month othe: and From: Sunday at 2:00 pm. To: Sunday at 5:00 p.m. Daevery week — BElevery other week Cithe first and third week of the month Oithe-second and fourth week of the month Clother: 23.2 This school schedule will start when each child begins: indergarten Crt grade OD other: 24 SCHEDULE FOR WINTER/CHRISTMAS VACATION. The child(zen) will reside with: smother (father during the winter vacation, exeept forthe following days and ies when the cild(en) will eside or be withthe other parent fom 2:00 pam util 6:00pm. on Chrisnas Day 25 SCHEDULE FOR SPRING VACATION, The childen) wil side with BElMother Oster during th spring ‘vacation, except forthe following days and times when the child(ren) will reside or be with the other parent: same as regular school schedule 2.6 SUMMER SCHEDULE. Upon completion of the school year, the child(ren) will reside with: EelMother CFather, except for the following days and times when the children) will reside with or be with other persons or the other parent ‘ame as school year schedule C)One week every month OT wo weeks every month Qhone month beginning a ‘weeks, starting Osummer camp beginning summer sports programs wll be honored, and they begin and end Qother: 2.8 RESIDENTIAL TIME RESTRICTIONS. CIDo not apply, OR OMother’s BElFather’s residential time with the child(ren) will be restricted because of: Page 3 of 7DEptysical abuse, sexual abuse, or a pattem of emotional abuse; Qa history of acts of domestic violence or an assault or sexual assault which has caused grievous bodily harm or the fear of such harm; neglect or substantial non-performance of parenting functions; Qa tong-term emotional or physical impairment which interferes with the performance of parenting functions; absence of or substantial impairment of emotional ties between the child and the parent; abusive use of conflict by the parent which creates the danger of serious damage to a child’s psychological development, withholding from the other parent access to # child for protracted period without good cause as follows: ltiese restrictions are to remain O) Permanently BOUntil Agreement of the parties or further orders of the Court. 29 TRANSPORTATION ARRANGEMENTS. Transportation arrangements forthe child(ren) between the parents will be as follows: The Father will visit the children at the home of the Mother with the Mother supervising said contact. 2.10 PARENTAL RELOCATION. The parties acknowledge that T.C.A, § 36-6-108 applies and the pertinent provisions of said statute are as follows: (@) Ifa parent who is spending intervals of time with a child desires to relocate outside the state or more than one hundred (100) miles from the other parent within the state, the relocating parent shall send a notice to the other parent at the other ‘parent's last known address by registered or certified mail. Unless excused by the court for exigent circumstances, the notice shall be mailed not later than sixty (60) days prior to the move. The notice shall contain the following GQ) Statement of intent to move; (2) Location of proposed new residence; (@) Reasons for proposed relocation; and (@) Statement thet the other perent may file a petition in opposition to the move within thirty (30) days of receipt of the notice, (b) Unless the parents can agres on a new visitation schedule, the relocating parent shall fle « petition seeking alter visitation. ‘The court shall consider all relevant factors, including those factors enumerated within subsection (4). The court shall also ‘consider the availability of altemative arrangements to foster and continue the child’s relationship with and access to the other parent, The court shall assess the costs of transporting the child for visitation and determine whether 4 deviation from the child support guidelines should be considered in light of all factors including, but not limited to, additional costs incurred for transporting the child for visitation. © I the parents are actually spending substantially equal intervals of time with the child and the relocating parent seeks to ‘move with the child, the other parent may, within thirty (30) days of receipt of notice, file a petition in opposition to removal Page 4 of 7of the child. No presumption in favor of or against the request to relocate with the child shall rise. The court shall determine ‘Whether ornot to permit relocation ofthe child based upon the best interests ofthe child (@ If the parents sre not aeuslly spending substantial equal intervals of time with the child and the parent spending the greater arrount of time with the child proposes to relocate with the child, the other parent may, within thirty (30) days of receipt of the notice, file petition in opposition to removal of the child. The other parent may attempt to relocate with the child unless expressly authorized to do so by the court pursuant to @ change of custody or primary custodial responsibility ‘The parest spending the greater amount of time with the child shall be permitted to relocate with the child unless the court finds: ©) Therelocation does not have a reasonable purpose; Q The relocation would pose a threat of specific and serious harm to the child which outweighs th: threat of harm to the child of a change of custody; or (@) The parent’s motive for relocating with the child is vindictive in that it is intended to defet or deter Visitation rights f the non-custodial parent or the parent spending less time withthe child 3. DECISION MAKING 31 DAY-TO-DAY DECISIONS. Each parent will make decisions regarding the day-to-day care and control of each child while the child is residing with that parent, Regardless of the ellocation of decision making in the parenting lan, either parent may make emergency decisions affecting the health and safety ofthe child(ren). 32 MAJOR DECISIONS. Major decisions regarding each child will be made as follows 32.3 HEALTH CARE. The child(en) will continue under the medical insurance plan ofthe: Another BzlFather. Inthe event there are medicel expenses not covered by medical insurance, the parents will sare those costs equally, Mother and Father will consult with respect to major, non-emergency medical decisions, and either Father or “Mother will be entitled to see a second opinion with respect tothe necessity or wisdom of any medical decision. Ia second ‘opinion differs in any material respect with the first opinion, a third opinion will be obtained, and the majority opinions will control. The pastes have agreed that cither parent may make emergency decisions affecting the calth and saety of the child(ren). To the extent that the following medical services are not covered by medical insurance, they are approved: eyeglasses or contact lenses, braces, rouine annual physical (with the results available to both parents), and periodic dental leaning with any cavities filled. Decisions not covered hereunder willbe made by BEIMother CiFather after consultation 324 EXTRACURRICULAR ACTIVITIES. Both parents have encouraged the chien) to engage in extrcuricular activities, and to that end they are willing to share in the expense of, and will jointly consult with respect to, the following (carrow thelist as sppropriate): stiviies in which the children express an intrest (define he ype sch as fooba,westing. glee ab cheerleading, clas rips summer camp, ete.) To the extent that one parent is not willing to participate in the funding of any extracuicular activity, then the other parent will have the sole decision-making authority with respect to that activity, and the non-contributing parent will not object. There will be no comment made with respect to financial ron-contrbution of one parent in the provision of extracurricular activities bythe other. Neither parent will engage in the provision of extracurricular activites for the child(ren) which will result in the exclusion, whether intentional or unintentional, of the other. As the child(ren) enter teenage years, the child(ren) will be pemnitted to attend social functions sponsored by thir sehool or church as well as private parties, provided both parents are satisfied that loohol ané drugs are Page Sof 7not available at those functions, Both parents will consult with respect to any such function and will, where possible, reach a joint decision on whether the child(ren) may attend, In the event that there is any disagreement with respect to the attendance ‘at such a function or if there is an extracurricular matter not covered hereunder, BelMother C)Father will make the decision. 3.3 GENERAL PRINCIPLES. Mother and Father make the following agreement and allocation with respect to their parenting responsibilities 33.1 CHILD NURTURE. Mother and Father will conduct themselves with respect to each otter and the child(ren) so as to provice a loving, stable, consistent and nurturing relationship with the child(ren) even though ‘hey, themselves, are being «divorced. To that end they will not speak derogatorly of each other or the members of the family of the other, will not cause the child(ren) to be drawn into any dispute regarding decisions affecting the child(ren) and will not attempt to curry favor will de eild(-eu) to the detriment ofthe other 33.2 DAILY NEEDS. When each child is in the care of « parent, that parent will insure the child will be properly groomed, fed and clothed, The child will be given proper physical, health and day care (if both parents work and the child is less than 12 years old. 333 INTERPERSONAL RELATIONSHIPS. Both Father and Mother will encourage and foster relationships of each child with other children, family members and, where appropriate, secular members to insure each child has a well-rounded upbringing. In addition, the parents will expose each child as to many of the following activities as they can: [athletic artistic reading, ee, be as specific a posuble to avo future dupute over the acts the parents Believe ars appropri. 3.4 RESTRICTIONS IN DECISION MAKING. Cees nct apply, OR jole decision making will be made by PX]Mother C2Father for the following reasons; limitation on other parents decision-making authority mandsted by T.C.A. §36-5-412: htoth parents are opposed to mutual decision making: lone parents opposed to mutual decision making, and such opposition is reasonsbly based ‘upon the following eiteria Othe existence of a limitation under T.C.A. §36-6-412; Othe history of participation of each parent in decision making in each of the areas of T.C.A. §36-6-106, Ovhether the parents have demonstrated ability and desire to cooperate with one anther in decision making in each ofthe areas in T.C.A. §36-6-106, and the parents” geographic proximity to one another, to the extent tat it affects their ability to make timely mutual decisions Ohese restrictions are to remain Permanently Cunt 4. OTHER PROVISIONS. Duc to prior physical and emotional abuse as well a aloohol abuse, the Father's parenting time will be supervised by the Mother pending further Court orders. Page 6 0f7S. DISPUTE RESOLUTION. Pursuant to T.C.A. § 36-6-409, disputes arising between the parties will be resolved by court action due toa limiting fuctor under T.C.A. § 36-6-406 5.1 Inthe dispute resolution process, preference willbe given to carying out the parenting plan. 52 Unless an emergency exists, the parents will use the designated process to resolve disputes relating to implementation ofthe plan, except those related to financial support. 5.3 A viriten record of any agreement reached between the parties will be provided fo the partes and submitted tothe COURT, where necessary, for a Consent Order of Modification. 54 I the COURT finds a parent has misused or frustrated the dispute resolution process, the COURT will award attorney fees and financial sanctions tothe non-abusing party; 55 The parties have the right of review from the dispute resolution process tothe COURT. 5.6 No dispute resolution process, except COURT action, will be required if a limiting factor under TCA §36-6-412 applies or one parent is unable to afford the cost ofthe proposed dispute resolution process. 7. DECLARATION We each make the following declaration in submitting this plan: UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF TENNESSEE, I DECLARE THAT THIS PLAN HAS BEEN PROPOSED IN GOOD FAITH AND IS IN THE BEST INTEREST OF THE CHILD(REN) AND THAT THE STATEMENTS HEREIN ARE TRUE AND CORRECT Jayla cot ( lurhQul bW 3-270] C. ve WY {Date Efiase Tel Page 7 of 7IN THE CHANCERY COURT FOR MONTGOMERY COUNTY, TENNESSEE AT CLARKSVILLE DIANA AMANDA (BARBIERI CHISM, ) SSN: 024-60-5136, ) Complainant, ) Vs. ) DOCKET NO.: 2001-03-0119 ) fs 00D STACY TREMAYNE CHISM, ) FY 20: SSN: 402-04-2477, ) OWFRD DI ‘& MASTER ) Defendant DEPUTY CLERK 10:00 9. __? ORDER OF RECONCILIATION This cause came to be heard upon the joint Motion of the parties, Diana Amanda Chism and Stacy Tremayne Chism, as evidenced by their signatures below, seeking suspension of the proceedings in this cause to attempt a reconciliation pursuant to the provisions of T.C.A.. Section 36-4-126. It appears to the Court that the parties desire to attempt a reconciliation and that their request should be granted IT IS HEREBY ORDERED, ADJUDGED AND DECREED by the Court that all proceeding this cause are hereby suspended indefinitely without prejudice and during that period of suspension that parties may resume living together as Husband and Wife and their acts and conduct in so doing shall not be determined condonation of any prior misconduct. Additionally, so long as the parties are living together the Defendant is not required to pay the child support previously ordered. ENTER rus\ Way OF » 2001 QVookee CHANCELLOR APPROVED FOR ENTRY: CARRIE W. 324 Franklin Street SH, 018746 Clarksville, Tennessee 37040 (631) 648-9619