
|
|
S.P.A.R.C. |
| Separated Parenting Access & Resource Center
"Keeping Families Connected"
| |
|
 |
 |
|
 |
 | |
Suggested Custody Stipulations
Below are some suggested custody stipulations for inclusion into a formal custody agreement. These were written with a Joint Custody situation in mind, but could as easily be used in a Sole custody arrangement as well. Keep in mind that this is a GENERAL format- you'll almost certainly want to tailor some of the specifics to fit your situation.
- That joint legal responsibility for and joint physical
responsibility for said child, [name of child], be ordered. Mother
and Father shall share and participate in the joint legal
responsibility for and joint physical responsibility for said child.
The parents shall share custody of said child as set forth below:
- Said child shall reside with [Father/Mother] from 8:00a.m. Friday
until 9:00 a.m. on Sunday and reside with [Father/Mother] from 9:00 a.m.
Sunday until 8:00 a.m. on Friday. The [Father/Mother] shall have visitation
time set forth on Tuesday and Thursday as after school until 9:00 p.m.
Parent commencing his/her custodial week is to provide the
transportation for said child which he/she may delegate to a
responsible adult. The [Father/Mother] shall provide transportation for said
child during visitation periods. Pick-up of said child is to occur at
the resident of the other parent or said child's school.
- That the attached Holiday and Vacation schedule be ordered. The
parent receiving said child for their summer vacation, special days or
holidays shall provide the transportation for said child, which he or
she may delegate to a responsible adult. The pick-up-from and
delivery-to location of said child shall be at the residence of the
other parent, or said child's school. CONFLICTS CLAUSE: Summer
vacations prevail over Special days and Holidays, which in turn
prevail over regular periods of custody.
- The parent with whom said child is staying shall be responsible
for daily care and shall make necessary decisions regarding said
child's education (selection of school said child attends academic
pursuits at school, signing of report cards, after-school activities
in which he/she participates, etc.), cultural and artistic training,
non-emergency health treatment (all major medical decisions, dental,
psychiatric, cosmetic surgery, body piercing, tattooing or other care,
etc.), and general welfare (acquisition of passport, changing of name,
signing of contracts on behalf of said child signing of driver's
license, etc.) shall be made by the prior written consent of both
parties or further order of the Court.
- It is expressly understood that the enumerated times that each
parent shall be with said child and responsible for his/her care are
subject to modifications by mutual agreement. Flexibility in child
care responsibilities and involvement are to be encouraged, and the
terms of this agreement are to be liberally interpreted to allow said
child the maximum benefit to be derived from the love, concern, and
care for both Mother and Father.
- Each party shall see that the medical, surgical, dental, and
school records for said child will be available and accessible to both
parties.
- Neither parent should be allowed to move the child's residence beyond a twenty
mile radius without prior consent. Should either party change
residences so that he or he/she no longer lives in the same school
district, or if either party changes job patterns, every effort shall
be made to facilitate the continued exercise of joint custody, so that
said child continues to enjoy the benefit of both parents in as close
to equal time proportions as practicable, taking into consideration,
among other factors, the needs and developmental stage of said child.
The parents shall have due regard for the preference of said child and
the environment and care which each parent can provide.
- Each party shall be entitle to reasonable telephonic
communication with said child, including, but not limited to, two (2)
ten-minute telephone calls per week. Each parent, step-parent, or
live-in mate is restrained from unreasonably interfering with said
child's right to privacy during such telephone conversations, or from
listening on an extension telephone or any type of telephonic
listening or recording device. In order to facilitate telephone
contact between the parties and their child, all parties are ordered
to initiate and assist their child in immediately returning phone
messages, attempting telephone contact with their child, from the
other parent.
- In the event, that the parent returning said child from a court
ordered visitation or custodial period, finds that the parent
receiving said child is not at the designated child return location,
at the court ordered child return time, then the parent returning said
child shall wait at least 20 minutes past the court ordered return
time of said child, before leaving. Also, before leaving, the parent
returning said child shall leave a large note, in plain sight on the
other parent's front door, stating that he/she was there, the time
he/she arrived, and the time he/she departed. Said note shall contain
the signature of the parent returning said child, and the signature of
at least one (1) adult witness. Parent returning said child should
keep a copy of said note as evidence. The time tardy parent that was
to receive said child, upon return to their home, is then ordered to
provide the return transportation of said child, for this visitation
only, which he/she may delegate to a responsible adult.
- . Each parent shall permit and encourage communication by the other
parent with doctors, clinics, and other health providers regarding
said child's health and welfare.
- . Each parent shall provide advance notification to the other
parent about proposed and forthcoming medical care, and each parent
shall notify the other parent within twelve (12) hours of any
illnesses requiring medical attention or any medical emergency
involving said child.
- Petitioner and Respondent shall alternate the Federal and/or
State dependency tax deduction with reference to said child.
Respondent is awarded the dependency deduction with reference to said
child on even-numbered years, and Petitioner is awarded the dependency
deduction on odd-numbered years.
- In the event that either parent intends to leave said child for a
period of twenty-four (24) hours or longer, that parent shall first
offer the other parent an opportunity for additional time with said
child, before making other arrangements for child's temporary care.
- Each party shall provide the other party with the address and
telephone number at which said child resides, and shall notify and
provide the other party within twenty-four (24) hours of any changes
of address and/or telephone number for said child.
- Whenever said child will be away from either parent's home for a
period of four (4) days or more, that parent shall provide a method of
how to contact said child, and shall initiate and facilitate telephone
communication between said child and the other parent during, such
trips.
- All schools, health care providers, day care providers, and
counselors shall be selected by the parents jointly. In the event the
parents cannot agree to the selection of a school, said child shall
attend the local public school.
- For the benefit and continuity of said child's education and
learning, each parent shall cooperate, follow through, and assist said
child with his/her educational programs when he/she is in their
custody.
- Each parent shall provide the other parent promptly upon being
requested to do so, with information concerning the well-being of said
child, including, but not limited to, copies of report cards, school
meeting notices, vacation schedules, class programs, requests for
conferences, results of diagnostic tests, notices of activities
involving said child, samples of school work, order forms for school
pictures, communications from health care providers, the names,
addresses and telephone numbers of all of said child's friends and
schoolmates, health care providers, regular day care providers,
counselors and regular activities, etc.
- Except for brief vacations, not to exceed a total of six (6)
weeks per parent year, each parent shall be restrained from removing
said child from the [name of state] counties of [name(s) of county(s), or from
changing said child's residence to a location outside the county of
[local city name], without the prior written consent of the other party or
further order of the Court.
- Each party shall not deny said child visitation with the
other parent because said child is being punished, is ill, or refuses
to go on the scheduled visitation or custodial period.
- Each parent shall allow said child to have liberal
visitations with his/her grandparents, maternal and paternal.
- That corporal punishment of said minor child, if any, shall
be administered only by the natural Mother or the natural Father.
Both parties are restrained from allowing step-parents and/or live-in
mates to administer corporal punishment to said minor child.
- That said child shall attend one of the following
schools for kindergarten: [name of preschools(s),
or public school located in the city of [local city name]
(which is approximately halfway between the homes of the parents). If
the parents cannot agree on a school for said child, each parent shall
submit to the Court his or his/her choice of school for said child, which
school is located in the city of [local city name], for a decision by the
Court. Each parent is to pay half of said child's school tuition, and
each parent is to provide transportation of said child to and from
school when said child is in their custodial care.
- Petitioner and Respondent are restrained and enjoined from
harassing, annoying, striking, threatening, assaulting, or molesting
the other in any manner whatsoever.
- Each party, upon receipt of mail or packages addressed to
said child from the other parent, shall see to it that such mail is
read to or unopened packages are immediately given to said child.
|
|
 |
|
 |
 |
|
 |

:
:
:
:
:
:
:
:
|


|