Sunday, October 16, 2011

Day 34 coincider

 Custody papers I tried to offer Russell:

Exact copy.


Petitioner, _____________________, and Respondent _____________________, are in the process of dissolving their marriage. In an attempt to provide for the best interest of their minor children, ___________________, age ____, the parties voluntarily enter into the following agreement:

1. We believe that both of us are fit and proper parents to be awarded legal custody of our minor children,________________.


1. The parties are both fit and proper persons to have the care, custody and control of the minor children, ________________.

2. We agree to advance the welfare and the best interests of our child(ren). We realize that our divorce may be a painful and traumatic event for them. We wish to try to reduce the trauma by demonstrating our continuing desire and ability to coparent. We agree not to undermine the respect and affection the children have for the other parent.

3. We believe it is in our children's best interests to share the physical and legal custody of our children.

4. We both have the right to make major decisions affecting the children, including but not limited to: authorization for major medical or psychiatric care; educational placement; and religious training. We each have the right to receive and inspect all school and medical records. The parent having residential custody shall be responsible for taking the children to any regularly scheduled medical or dental appointments and for handling any medical and dental emergencies. In an emergency situation, the permissions of both parents are unnecessary.

5. _________________________ agrees to keep in effect the family health insurance policy provided by his/her employer. Should _______________ change jobs or should the employer provide other health care options, ________________ agrees to maintain health care benefits at least equivalent to those that existed on the date of this agreement. _______________ agrees to pay all medical and dental costs not covered by insurance. If the child needs orthodontic work, ________________ agrees to pay the full costs.

6. We agree not to remove the physical custody of the child from this state without the notification of the other parent. Notice must be given of any intent to move at least 21 days prior to the move and shall constitute a sufficient change of circumstances to allow modification of this agreement and the court decree. We further agree that no parent shall move any further than 100 miles from the city of Southaven until divorce proceedings are finalized.

7. We agree that in the case of a change of address or phone number by one parent, notification and updated information shall be provided within one week of change.

8. In the event we cannot agree on a matter involving the child, including any increases in support, we agree to contact an Alternate Dispute Resolution provider and apply for mediation of the dispute. If mediation proves unsuccessful, either of us may move for modification of the custody order as provided by the law of this state.

9. We also agree that both spouses will claim the child as tax exemptions for alternate years, starting with the wife for the year 2011.

10. After carefully reviewing the circumstances and all of the terms of the marital settlement agreement, we both have decided that neither of us is entitled to receive alimony, maintenance, or spousal/child support from the other and we both have agreed to waive any present or future rights to receive alimony, maintenance or spousal/child support.

11. We also hereby agree to the following visitation guidelines:

a. Out of state trips are limited to no more than one week at a time and parties must be notified of trip by no less than two weeks prior to trip.

b. If visitation change must occur, notification must be given in writing with a copy going to both parties, within 4 hours of transfer time.

c. If desiring extra visitation, parties must give no less than twenty-four hours notice.

d. If visit isn't possible as scheduled, parties must agree to compromise on the earliest possible rescheduling.

e. Holidays shall be divided equally depending on the families' celebration. Halloween and the childrens' birthdays shall be celebrated as a family insofar as we as parents can remain civil towards one another.

f. Visitation between the child, ________________ and the Respondent, __________________ , shall resume on the ________ of _____________, 2011. To coincide with his sibling's visitation, and maximize the childrens' time with each other.

12. This agreement reflects our current feelings with respect to the best interests of our child. We want to remain flexible. We feel that if any of the following events should occur, either of us may ask to reconsider the existing custody arrangement in light of the new circumstances:

a. Serious problems affecting the physical or emotional health of either of us or one of the child;

b. Remarriage of either of us or cohabitation;

c. A change in the development needs of the child.



[As witnessed by]

On this, the _______ day of _________________, 2011.

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