Attorneys at Law

 

 

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Attorneys for Petitioner

 

IN THE SUPERIOR COURT OF THE STATE OF

IN AND FOR THE COUNTY OF

 

 

In regard the marriage of     | Case Number

                              |

                              |

John Father Doe,              |

          Petitioner          |

                              |

     and                      | STIPULATION REGARDING

                              | CHILD CUSTODY AND SUPPORT

Jane Mother Doe,              | AND ORDER THEREON

          Respondent.         |

                              |

 

IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE PARTIES HERETO AND THEIR RESPECTIVE ATTORNEYS that the order in the Decree of Divorce dated XXX XX, XXXX be modified as follows:

 

1.  Legal and physical custody, care and control of the minor child of the parties, HONEY BABY DOE, born XXX XX, XXXX, is awarded jointly to JOHN FATHER DOE and JANE MOTHER DOE with physical custody to XXXX XXXX XXXX beginning XXX XX, XXXX and thereafter as the parties shall agree; and should they not agree, physical custody shall remain unchanged except by order of this court after notice and hearing.

 

2.  JOHN FATHER DOE is to pay to JANE MOTHER DOE as and for support of the minor child during all periods when she shall have physical custody the sum of XXX hundred XXX dollars ($XXX.00) per month for each month during which the child is enrolled in and regularly attending a suitable private school agreed to by the parties.  This will include summer school unless both parents agree against same.  JOHN FATHER DOE is to escalate payment to coincide with the cost of the school tuition.  Said payment is to be payable jointly to JANE MOTHER DOE and the agreed school on the first day of each month.  For each month during which the child is not so enrolled in and regularly attending such school for at least three (3) full school weeks with the exception of the month of December, JOHN FATHER DOE is to pay directly to JANE MOTHER DOE as and for support of the minor child the sum of XXX hundred XXX dollars ($XXX.00) per month on the first day of the month next following such month.  Support payments, as herein set forth, shall begin on the first day of the month next following such physical custody to JANE MOTHER DOE and shall continue thereafter for either as long as physical custody is to JANE MOTHER DOE, until the said minor child dies, marries, becomes emancipated or by order of this court after notice and hearing.  The purpose of this support agreement and the form of payment provided herein is to ensure the continued attendance of this minor child in a special school to reinforce hXX educational skills in a drug free environment with supervision before and after school hours.

 

3.  The party not having physical custody shall be allowed visitation equal to not less than two (2) weekends each month from September 1st through May 31 and forty‑five (45) days during each summer as the parties agree.  Should the parties not agree, the party not having physical custody shall have such visitation during the first (1st) and third (3rd) weekend of each of the said months and from July 15th through August 31st of each year.  Weekend, as used herein, is defined as being from 6:00 PM Friday through 6:00 PM Sunday.

 

4.  REGARDLESS OF THE PHYSICAL CUSTODY OF THE MINOR CHILD.  The minor child shall spend the Father’s day weekend with JOHN FATHER DOE and the Mother’s Day weekend with JANE MOTHER DOE.  During even numbered calendar years, the minor child shall spend the Winter Break Holidays with JOHN FATHER DOE and the Spring Break and Fall Break Holidays with JANE MOTHER DOE.  During odd numbered calendar years, the minor child shall spend the Winter Break Holidays with JANE MOTHER DOE and the Spring Break and Fall Break Holidays with JOHN FATHER DOE.

 

5.  Each of the parties is to arrange visitation and schedule vacations and holidays in such a manner that regularly scheduled school attendance by the minor child is not disrupted by such visitation, vacation and/or holidays.

 

6.  The minor child is to be domiciled in either XXXX County or XXXX County XXXX; and shall not be removed, taken or sent from the State of XXXX by either party, their agents or representatives without either prior written consent of the other party or by order of this court after notice and hearing.  Any agreed upon removal shall not exceed forty‑five (45) days cumulative total within each calendar year for each party.  Should both parties agree to combine their individual allotment of days in order for the minor child to visit out‑of‑state relatives, the said cumulative total shall not exceed ninety (90) days within each calendar year.

 

7.  Each of the parties shall at all times keep the other informed of their current address and telephone number and of any problems or difficulties concerning the health, education and welfare of their minor child.

 

8.  Each of the parties is restrained from making any derogatory remarks about the other to or in the presence of the minor child; relatives of the minor child including half, step and foster relatives; friends; sitters; nurses; teachers; coaches; the like thereof of the minor child; and any relatives or acquaintances of any of the aforementioned.

 

9.  Each of the parties is restrained from annoying, threatening, molesting or harassing the other in any manner whatsoever.

 

10. Each of the parties is to bear their own attorney fees and costs herein.

 

This stipulation is determinative of all matters before the court in this action; and to the extent that any further hearing or trial is pending, such hearing or trial is hereby dismissed.

 

Dated _____________________     Dated _____________________

 

___________________________                                 ___________________________

JOHN FATHER DOE                 JANE MOTHER DOE 

Petitioner                      Respondent

 

Dated _____________________     Dated _____________________

 

___________________________                                 ___________________________

 

Attorney for Petitioner         Attorney for Respondent

 

ORDER

 

IT IS SO ORDERED

 

Dated _____________________                                 ___________________________

                               

                                Judge of the Superior Court

 

 

 

 

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CHILDREN’S RIGHTS — CODE NAME: MARMOSET