Maryland Parenting Plan Tool (CC-DR-109) — How to Complete It

Maryland Rule 9-204.1 requires every parent in a custody or divorce case involving children to submit a parenting plan. The court provides Form CC-DR-109 (the Maryland Parenting Plan Tool) and its instruction sheet CC-DRIN-109 at your first court appearance or scheduling conference.

The form itself is straightforward — checkboxes and fill-in blanks. The hard part is knowing which boxes to check before you get there. Each decision has downstream consequences for overnights, child support, and enforceability.

When to Use CC-DR-109 vs CC-DR-110

CC-DR-109 (Parenting Plan Tool) is for parents who agree on everything. If you and your co-parent can settle every custody term — legal custody, physical schedule, holidays, transportation — you fill this out together, sign it, and submit it to the court. The judge reviews it for the child's best interests and, if approved, incorporates it into a binding consent order.

CC-DR-110 (Joint Statement of Decision-Making Authority) is required when you disagree on any term. Each parent writes their proposal side-by-side in the disputed sections. The judge then resolves only the disagreements at trial.

The deadline for CC-DR-110 is rigid: it must be filed at least 10 days before a settlement conference or 20 days before trial. Missing this deadline can trigger court sanctions.

What Goes in Your Parenting Plan

A complete parenting plan under Maryland guidelines must address these areas:

Legal Custody Decisions

Specify whether parents share decision-making jointly or one parent has sole authority. For joint legal custody, define how disagreements are resolved — including whether one parent holds tie-breaker authority on specific topics like education or healthcare.

Physical Custody Schedule

Define the regular weekly schedule with specific days and overnight assignments. Include exact pickup and drop-off times. Vague language like "reasonable visitation as agreed" is unenforceable — a Maryland court cannot hold a parent in contempt of an order that doesn't specify concrete terms.

School Enrollment Address

State which parent's address determines the child's school district. This single line prevents one of the most common post-decree disputes.

Holiday and Vacation Rotations

Build a holiday schedule that overrides the regular weekly rotation. Specify odd-year and even-year assignments for major holidays (Thanksgiving, winter break, spring break, summer vacation). Include the notification deadline for summer travel plans.

Transportation and Exchange Logistics

Define exact exchange locations — school, a parent's home, or a neutral public location. Assign who provides transportation and how costs are split.

Communication Protocols

Set acceptable windows for parent-to-child contact (calls, video chats). Designate the communication channel for parent-to-parent logistics (text, email, or a court-approved app like OurFamilyWizard). Include a provision prohibiting children from being used as messengers.

Right of First Refusal

Establish a threshold (commonly 4-8 hours) after which a parent must offer the other parent childcare before hiring a babysitter.

Dispute Resolution

Require a set number of mediation sessions before returning to court. This prevents small disagreements from becoming expensive motions.

Common Mistakes That Create Problems Later

Using vague scheduling language. "Every other weekend" doesn't specify Friday pickup time or Sunday return time. Write "Friday at 6:00 PM to Sunday at 6:00 PM."

Forgetting the overnight count. Under the 92-overnight rule, if either parent has 92+ overnights per year, child support shifts to the shared-custody formula. Count your proposed schedule's overnights before signing.

Skipping the dispute resolution clause. Without a mediation-first requirement, every disagreement about summer camp or a schedule swap goes straight back to court at $165+ per filing.

Not addressing technology. Cell phones, social media, and screen time rules should be consistent across both homes. Specify whether parents coordinate on these decisions jointly or individually.

Completing the Form With Confidence

The form's checkboxes won't explain the tradeoffs behind each choice. The Maryland Custody & Parenting Plan Guide functions as a companion workbook — it walks you through the strategic decisions behind each section of CC-DR-109 so you understand the long-term impact before you fill in a single box.

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