2009 Blog Entries Posted! November 17, 2009
Entry 1: by Mary McKenna
Child Custody and Visitation
The parties agree that they shall have joint legal and physical custody of the child(ren), alternating physical custody from week to week as set forth herein. Husband and Wife own the following real property as their family residence, located at _____________________________, _________________, _______, _____________. Husband and Wife agree that the child(ren) shall continue to reside at the abovementioned family residence, with each parent rotating in and out separately on a negotiated schedule. Husband shall be entitled to the actual physical custody of the child(ren) at the family residence from 4:00 p.m. Sunday afternoon, beginning the Sunday after the execution of this order, and the child(ren) shall remain in his custody at the family residence until Wife arrives at family residence the following Sunday afternoon at 4:00 p.m. The child(ren) shall remain in Wife’s actual physical custody at the family residence for the next week until Husband arrives at family residence at 4:00 p.m. the following Sunday afternoon, and so on and so forth. Each parent shall maintain a separate residence when not entitled to actual physical custody of the child(ren) in the family residence.
During the week(s) that Husband does not have the child(ren), he shall be entitled to have parenting time with them after daycare or school until 8:30 p.m. at least one day per week, the day to be mutually agreed upon by both parties. During the week(s) that Wife does not have the child(ren), she shall be entitled to have parenting time with them after daycare or school until 8:30 p.m. at least one day per week, the day to be mutually agreed upon by both parties. In the event that parties cannot agree, Wednesday shall be the designated day of visitation.
Rights, responsibilities and expenses regarding the abovementioned family residence shall be distributed as previously set forth in the final divorce decree. This custody agreement shall terminate when the youngest child reaches the age of majority, becomes self-supporting, or marries, at which time the family residence shall be divided between Husband and Wife so that either Husband or Wife takes full rights of title and ownership in the family residence, the non-owning spouse being properly compensated, or, the family residence is sold and all proceeds are divided pursuant to the matrimonial property regime agreed upon in the final divorce decree.
The parties may make exceptions and alterations to this schedule as mutually agreeable, but any modification intended to be permanent must be in the form of a court order.
The parties shall each enjoy holiday time with the child(ren), as follows, which shall take precedence over the normal custody schedule enumerated above. Unless otherwise stated, each party’s physical custody of the child(ren) is maintained at the shared family residence.
a) Husband shall have physical custody of the child(ren) during spring break in even-numbered years, beginning when the child(ren) are released from daycare or school the first Friday of spring break until 4:00 p.m. on the Sunday immediately preceding the resumption of school, while Wife shall have physical custody of the child(ren) for said time during spring break in odd-numbered years;
b) Husband shall have physical custody of the child(ren) during the Easter holidays in odd-numbered years, beginning on the Friday when the child(ren) are released from daycare or school and ending at 4:00 p.m. on Easter Sunday, while Wife shall have physical custody of the child(ren) for said time during the Easter holidays in even-numbered years. In the event that Easter and spring break coincide, Easter takes precedence over spring break;
c) Husband shall have physical custody of the child(ren) during Memorial Day weekend in even-numbered years, beginning on Friday when the child(ren) are released from daycare or school and ending at 4:00 p.m. on Memorial Day, while Wife shall have physical custody of the child(ren) for said time during Memorial Day weekend in odd-numbered years;
d) Husband shall have physical custody of the child(ren) during Labor Day weekend in odd-numbered years, beginning on Friday when the child(ren) are released from daycare or school and ending at 4:00 p.m. on Labor Day, while Wife shall have physical custody of the child(ren) for said time during Labor Day weekend in even-numbered years;
e) Each party shall split the child(ren)’s summer vacation by rotating custody week by week as enumerated by the normal custody schedule. However, each party shall have child(ren) with him or her for two (2) uninterrupted, consecutive weeks during the summer, to be agreed upon on or before May 15th of each and every year. In the event that the parties do not agree, Husband shall have the first two (2) full weeks in June and Wife shall have the first two (2) full weeks in August;
f) Husband shall have physical custody of the child(ren) for Independence Day in odd-numbered years, beginning at 8:00 a.m. on July 4th and concluding at 4:00 p.m. on July 5th, while Wife shall have physical custody of the child(ren) for said time on Independence Day in even-numbered years;
g) Husband shall have physical custody of the child(ren) on Halloween in even-numbered years, from the time the children get out of day care or school until 9:00 p.m., while Wife shall have physical custody of the children for said time on Halloween in odd-numbered years;
h) Husband shall have physical custody of the child(ren) during the Thanksgiving holidays in odd-numbered years, beginning when the children are released from daycare or school for Thanksgiving break and ending at 4:00 p.m. on the following Sunday, while Wife shall have physical custody of the child(ren) for said time during the Thanksgiving holidays in even-numbered years;
i) Husband shall have physical custody of the child(ren) during the Christmas holidays in even-numbered years, beginning the day that the child(ren) are released from daycare or school for winter vacation or December 15th, whichever is sooner, and ending at 4:00 p.m. on December 26th, while Wife shall have physical custody of the child(ren) for said time during the Christmas holidays in odd-numbered years;
j) Husband shall also have physical custody of the child(ren) during the Christmas holidays in odd-numbered years, beginning on December 26th at 4:00 p.m. until daycare or school resumes in January, including New Year’s Eve, while Wife shall have physical custody of the child(ren) for said time during even-numbered years;
k) Husband shall have physical custody of child(ren) on Father’s Day weekend each and every year, beginning on Friday when the child(ren) are released from daycare or school and ending at 4:00 p.m. on Sunday;
l) Wife shall have physical custody of child(ren) on Mother’s Day weekend each and every year, beginning on Friday when the child(ren) are released from daycare or school and ending at 4:00 p.m. on Sunday;
m) The parties shall share in the child(ren)’s birthdays for a period of time mutually agreeable between the parties. If the parties cannot agree to a period of time, the party not having actual physical custody on the day of the birthday shall have visitation with the child(ren) from 4:00 p.m. to 8:00 p.m.;
n) The parties shall have the children with them on their own birthday, as mutually agreeable. If the parties cannot mutually agree to a period of time, the party not having actual physical custody shall have visitation with the children from 4:00 p.m. to 8:00 p.m. on the day of their birthday;
o) Each party shall have the first right of refusal to serve as the caregiver for the child(ren) in the event that either party is unable to exercise a period of custody to which he or she is entitled;
p) Neither party shall permit an overnight visitation at the family residence by a member of the opposite sex not related by blood or marriage being defined as after 10:00 p.m. or before 8:00 a.m.;
q) Under no circumstances can or will any physical custody between the parties and the child(ren) take place in the presence of another person with whom the children feel uncomfortable and/or alienated;
r) The parties shall make reasonable efforts to consult with each other regarding the child(ren)’s education, illnesses, and other matters of similar importance affecting the child(ren), whose well-being, education, and development shall at all times be the paramount consideration of both parents;
s) Each party shall make a reasonable and diligent effort to keep the other parent informed of the child(ren)’s school programs and sporting events so as to afford the other parent an opportunity to attend and participate;
t) Neither party shall speak negatively about the other parent or to procure or allow such comments from others while in the presence of the child;
u) Each party shall exert every reasonable effort to maintain open communication between the child(ren) and the other parent and to foster a feeling of affection between the child(ren) and the other parent;
Husband and Wife acknowledge that each has entered into this agreement in good faith, without any duress or undue influence. Each understands his or her right to seek independent counsel regarding this agreement, and each has had the opportunity to seek independent counsel to signing this agreement.
Husband and Wife agree that this agreement shall be governed and construed in accordance with the laws of the State of Mississippi.
Signed and dated this___________ day of _____________________, 20____.
_____________________________________
Husband
_____________________________________
Wife
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Entry 2: by Matt Roberts
Child Custody and Visitation Agreement
Both parties, Andrew and Betty, declare through this agreement that the best interest of their minor child, Cody, will best be effectuated through joint legal and physical custody. Further, Andrew and Betty agree to the following arrangement for physical custody of Cody:
a) Andrew’s visitation with Cody will begin at 3:00 P.M. on the Friday after this order is affirmed. Andrew will retain physical custody of Cody until the clock strikes 3:00 P.M., the following Friday.
b) Betty’s visitation with Cody will begin at 3:00 P.M. on the second Friday after this order is affirmed. Betty will retain physical custody of Cody until the clock strikes 3:00 P.M., the following Friday.
c) This sequence of events will continue, unless modified below, with Andrew receiving one week of physical custody with Cody, and subsequently Betty receiving one week of physical custody with Cody.
Additionally, Andrew and Betty have agreed to the following visitation schedule:
Birthdays of the Parents
a) Andrew will have physical custody of Cody for the day of and the night of Andrew’s birthday (May 18th). If Andrew’s birthday falls on a date that conflicts with Betty’s visitation schedule, then Andrew will be entitled to physical custody of Cody at 3:00 P.M. on May 18th and will relinquish physical custody at 3:00 P.M. on May 19th, if Betty still has time remaining in her one-week schedule.
b) Betty will have physical custody of Cody for the day of and the night of Betty’s birthday (November 19th). If Betty’s birthday falls on a date that conflicts with Andrew’s visitation schedule, then Betty will be entitled to physical custody of Cody at 3:00 P.M. on November 19th and will relinquish physical custody back to Andrew at 3:00 P.M. on November 20th, if Andrew still has time remaining in his one-week schedule.
Cody’s Birthdays
a) Andrew will have physical custody of Cody on his birthday for all even-numbered years. If this falls during Betty’s visitation schedule, then Andrew will be entitled to pick up Cody the day of his birthday at 3:00 P.M. However, Andrew will be required to return Cody to Betty the following day at 3:00 P.M, if Betty still has time remaining in her one-week schedule.
b) Betty will have physical custody of Cody on his birthday for all odd-numbered years. If this falls during Andrew’s visitation schedule, then Betty will be entitled to pick up Cody the day of his birthday at 3:00 P.M. However, Betty will be required to return Cody to Betty the following day at 3:00 P.M., if Andrew still has time remaining in his one-week schedule.
Thanksgiving
a) For odd-numbered years, Andrew will have physical custody of Cody for Thanksgiving holidays. If this falls during Betty’s visitation schedule, then Andrew will be entitled to pick up Cody the Monday before Thanksgiving Day at 3:00 P.M. However, Andrew will be required to return Cody to Betty by 3:00 P.M. the day after Thanksgiving Day, if Betty still has time remaining in her one-week schedule.
b) For even-numbered years, Betty will have physical custody of Cody for Thanksgiving holidays. If this falls during Andrew’s visitation schedule, then Betty will be entitled to pick up Cody the Monday before Thanksgiving Day at 3:00 P.M. However, Betty will be required to return Cody to Andrew by 3:00 P.M. the day after Thanksgiving Day, if Andrew still has time remaining in his one-week schedule.
Christmas and New Years
a) For even-numbered years, Andrew will have physical custody of Cody for Christmas holidays. If this falls during Betty’s visitation schedule, then Andrew will be entitled to pick up Cody the Monday before Christmas day at 3:00 P.M. Andrew will be required to return Cody to Betty by 3:00 P.M. on January 2nd, if Betty still has time remaining in her one-week schedule.
b) For odd-numbered years, Betty will have physical custody of Cody for Christmas holidays. If this falls during Andrew’s visitation schedule, then Betty will be entitled to pick up Cody the Monday before Christmas day at 3:00 P.M. Betty will be required to return Cody to Andrew by 3:00 P.M. on January 2nd, if Andrew still has time remaining in his one-week schedule.
Father’s Day and Mother’s Day
a) Andrew will be granted physical custody of Cody for every Father’s Day. If this falls during Betty’s visitation schedule, then Andrew will be entitled to pick Cody up at 3:00 P.M. the day before Father’s Day. However, Andrew will be required to return Cody to Betty by 3:00 P.M. the day after Father’s Day, if Betty still has time remaining for her one week schedule.
b) Betty will be granted physical custody of Cody for every Mother’s Day. If this falls during Andrew’s visitation schedule, then Betty will be entitled to pick Cody up at 3:00 P.M. the day before Mother’s Day. However, Betty will be required to return Cody to Andrew by 3:00 P.M. the day after Mother’s Day, if Andrew still has time remaining for his one week schedule.
Other Holidays Not Mentioned in This Agreement
a) Only Andrew’s and Betty’s birthdays; Cody’s birthday; Thanksgiving; Christmas and New Years Day; and Mother’s Day and Father’s Day modify the “one week on, one week off” visitation schedule.
Other Considerations Agreed to by the Parties
a) This agreement will be enforceable until the day of Cody’s eighteenth (18th) birthday, or unless a material change in circumstances occurs beforehand.
b) The party to whom physical custody changes is responsible for arranging a method to pick Cody up when their physical custody schedule begins. Thus, Andrew will be responsible for picking up Cody when the schedule changes and Cody is at Betty’s, and Betty will be responsible for picking up Cody when the schedule changes and Cody is at Andrew’s.
Each party is also responsible for their own transportation costs.
c) Both parents agree to allow reasonable time for Cody to contact the other party by telephone while Cody is under the other party’s supervision and physical custody.
d) In order to keep both parents actively involved in Cody’s daily activities, each party has agreed to inform the other party about all significant events that occur in Cody’s daily schedule. The parties may notify each other by email, telephone, or any other means, as long as the information is given in a timely manner. Significant events may include, but are not limited to: school events or plays, sporting events Cody participates in, Cody’s illnesses, and other events the parties may deem significant.
e) Both parents agree to have Cody “ready” to leave when their physical custody ends. “Ready” implies that Cody’s bags will be packed with sufficient clothing to last at the other parent’s household, and that all necessary items are included in his bag. “Necessary” items include but are not limited to: toothbrush, church clothes, shoes, socks, and underwear.
f) Both parents agree to act responsibly when they have physical custody of Cody. Both parents agree not to engage in a verbal altercation with each other in the presence of Cody. Both parents further agree that while Cody is physically with them, Cody’s safety will be of the utmost concern.
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Entry 3: by Emily Smathers Ratliff
Joint Custody Agreement
Joint Custody Agreement dated ____ day of _____________ between Susan Jones (“Mother”) and Tom Jones (“Father”).
This agreement provides for joint legal and physical custody, following the divorce of Susan and Tom Jones, of the minor child Lila Caroline Smith (“Child”), born August 3, 2002, as determined to be in the best interest of the child. Accordingly, the parties agree as follows:
I. Legal Custody. The Mother and Father shall share equally the legal custody of the Child. In the event the Mother and Father are unable to agree in any particular decision relating to the Child. The parent having physical custody according to the schedule set forth below, at the time the decision must be made, shall have final decision authority.
II. Physical Custody. The Mother and Father shall share joint physical custody of the Child according to the following schedule:
A. Generally. Exclusive of designated holidays and other breaks noted below, the Child shall reside year-round:
1. With the Mother:
a. Monday through Friday from the 1st through 15th day at 5 p.m. of each month, and
b. Saturday and Sunday at 5 p.m. from the 15th through the last day of each month.
2. With the Father:
a. Monday through Friday at 5 p.m. from the 15th through the last day of each month, and
b. Saturday and Sunday at 5 p.m. from the 1st through the 15th day of each month.
B. Designated Holidays and Special Occasions
1. The Mother shall have physical custody of the Child:
a. Beginning at 8 a.m. on the following holidays, through 8 a.m. of the next day in even years:
i. New Year’s Eve
ii. New Year’s Day
iii. Martin Luther King Jr. Day
iv. Valentine’s Day
v. Easter
vi. Memorial Day
vii. Fourth of July
viii. Labor Day
ix. Halloween
x. From 8 p.m. the preceding day through 12 noon on Thanksgiving Day.
xi. From 8 p.m. on Christmas Eve, through 12 noon on Christmas Day.
b. Every year on Mother’s Day
c. Every year on the Mother’s Birthday
d. Seven days during the first week of June for vacation in even years.
e. Seven days during the last week of July for vacation in odd years.
2. The Father shall have physical custody of the Child:
a. Beginning at 8 a.m. on the following holidays, through 8 a.m. of the next day in odd years:
i. New Year’s Eve
ii. New Year’s Day
iii. Martin Luther King Jr. Day
iv. Valentine’s Day
v. Easter
vi. Memorial Day
vii. Fourth of July
viii. Labor Day
ix. Halloween
x. From 8 p.m. the preceding day through 12 noon on Thanksgiving Day.
xi. From 8 p.m. on Christmas Eve, through 12 noon on Christmas Day.
b. Every year Father’s Day
c. Seven days starting the first Monday of June for vacation in odd years.
d. Seven days starting the last Monday of July for vacation in even years.
3. Custody of the Child on any holiday not specifically designated in this list shall be according to the general custody schedule set forth above.
4. During any time in which the Mother or Father has physical custody of the child, according to the schedule set forth in this agreement, he or she shall have authority to designate an appropriate caregiver (babysitter, grandparent, etc.) to care for the child when he or she is absent due to work, illness, or other personal reasons.
C. School Breaks
1. The Mother shall have physical custody of the Child during the following school breaks on even years:
a. Spring Break (Monday-Sunday)
b. Thanksgiving Break (Monday-Wednesday)
2. The Father shall have physical custody of the Child during the following school breaks on odd years:
a. Spring Break (Monday-Sunday)
b. Thanksgiving Break (Monday-Wednesday)
3. Custody of the Child on any school break not specifically designated in this list shall be according to the general custody schedule set forth above.
D. Extracurricular Activities. For any extracurricular activity in which the Child shall be enrolled, each parent shall share responsibility for taking the Child to the activity as follows:
1. For any extracurricular activity in which the Child shall be enrolled, each parent shall share responsibility for taking the Child to the activity as follows, regardless of which parent the Child will reside during any given period of time:
a. In even years beginning with the year of issuance of this decree:
i. All activities requiring attendance on Monday, Wednesday, Friday shall be the responsibility of the Mother.
ii. All activities requiring attendance on Tuesday, Thursday, Saturday shall be the responsibility of the Father.
b. In odd years beginning with the year of issuance of this decree:
i. All activities requiring attendance on Monday, Wednesday, Friday shall be the responsibility of the Father.
ii. All activities requiring attendance on Tuesday, Thursday, Saturday shall be the responsibility of the Mother.
2. Both parents shall have the option to attend any and all performances, games, or other such public activity associated with the Child’s extracurricular participation.
E. Afterschool Care. As set forth in the Child support agreement, the Mother and Father shall jointly share the cost and responsibility for providing afterschool care for the Child by a provider to be determined as the need arises. In the event that the parents cannot agree on a provider for afterschool care, the Mother shall have sole right to select a provider at her own expense.
F. Church. The Mother and Father agree that the Child will continue to attend the church in which the Child is a member at the time of this decree. Subject to the following conditions:
a. The parent who has custody of the Child on any given day in which a church service or activity takes place shall be responsible for taking the Child to that activity.
b. This shared responsibility will continue regardless of whether the Child opts to attend another church upon reaching an age in which she is able to make that decision.
G. Sleepovers and Playdates. In the event the Child should attend in any playdate or sleepover, the parent having physical custody under this schedule shall be responsible for arranging transportation to and from the playdate or sleepover, and for being available in the event of an emergency during the time in which the playdate or sleepover occurs.
H. School Field Trips. Both parents shall have the option to voluntarily attend any school field trip in which the Child shall participate, however; if parental attendance is required, the parent having physical custody at the time of the field trip, according to the schedule set forth above, shall be responsible for attending.
I. Ceremonies and Other Special Events. Both parents shall have the option to voluntarily attend any ceremony or other special event in which the Child should including, but not limited to graduation ceremonies, school awards ceremonies, community awards ceremonies, etc. However, the parent having physical custody at the time of the ceremony or other special event, according to the schedule set forth above, shall be responsible for transportation of the Child to and from the event.
Agreed this the _________ day of ______________________, 2009.
Susan Jones, Mother Tom Jones, Father
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Entry 4: by Alexis Culver
To: Craig Robertson
From: Alexis Culver
Re: Fourth Annual Family Law Blog Contest
50/50 Parenting Schedule
In preparation for this contest, I spoke with numerous young adults who were children of divorce. I asked, specifically, what affected them the most about the separation and the subsequent visitation schedules. One aspect that I consistently came upon, and which one does not often hear about, is the child’s desire to keep both households separate. While it is difficult for the child to realize that Mom and Dad are separated, it becomes even more difficult when these two worlds (Mom’s and Dad’s) are so mingled that the child gets confused and cannot achieve stability and self-realization. For example, one person that I spoke with said that he could have healed much quicker and figured more out about himself if he had been told that Mom’s house and Dad’s house were separate, and would be treated as separate worlds, instead of the mixing and melding of households and the confusion that comes along with it.
It is with this in mind that I have considered the following 50/50 Parenting Schedule. This schedule presumes that the parents get along amicably, that they live in the same vicinity, and that they have consistent and somewhat flexible schedules. This schedule also presumes that the child/children are of school-age and are not infants or toddlers.
1. Separation and Preparation
Upon separating, the parents must decide what to do with the primary residence (where the parents and children lived at the time of divorce). For reasons I will soon discuss, it is suggested that the parents sell the primary residence (or that the residence is sold and equitably distributed amongst the parents), and that they purchase a new home or rent an apartment. However, if doing so is burdensome or some parent has a familial or ancestral attachment to the home, this may not be advisable. Each household should provide the child/children with substantially the same situation that they had in the primary residence. For instance, if two sisters slept in the same room every night, then the same should be mirrored in each household. Likewise, if a child had his/her own bedroom, the same should be mirrored in each separate household.
Creating separate households may help the child better understand the consequences of the divorce and get a better grasp on what their new lives will look like; that is, Mom in one place and Dad in another. Also, leaving the primary residence may reduce the tension potentially created when the residential parent wishes to date or have social activities in the primary residence. Often times, a child becomes very upset or resentful when, for instance, a mother brings another man into the place where the father once lived. Such environment may create tension and confusion for the child/children. But, separating the households may make this easier to understand, should a parent try to have another relationship and bring a significant other into the home. A completely new environment (or household) is conducive to new experiences and relationships for the child, as well as the parent.
The parents should consider acquiring these separate homes within the vicinity of one another if they are to share a 50/50 Parenting Schedule. This will help create a more stable environment for the children because they will spend more actual time with the parent instead of spending time being carted back and forth. The parents should also strive to remain as consistent as possible with this Parenting Schedule, considering the child’s needs and best interests before their own.
2. 50/50 Parenting Schedule
Each parent will have joint physical and legal custody of the child/children. This means that the child will spend a significant (if not equal) amount of time living with each parent. Ensuring that each parent receives equal time with their children, while at the same time creating some stability for the child, can be a difficult task. I feel that this schedule will achieve this by giving the child some predictability and consistency in their weekly schedule. After establishing separate households, the parents should introduce the child/children to the new household. The parent should explain the situation, as plainly as they can, that the child/children will now have two homes, one with Mom and one with Dad, encouraging the children to ask questions and voice concerns should they have any. Creating a dialogue with children about the current situation will likely increase their comfort and understanding of the situation. Again, the parent should consider the child’s needs and best interests in making decisions.
For the purposes of this explanation, I will refer to the parent who enjoys a majority of the week with the child as the “residential” parent and the other as the “non-residential” parent.
The 50/50 Parenting Schedule should be arranged as follows: The parents’ visitation schedule will consist of two weeks with the child, staying as close as possible to two (2) weeks at the beginning of each month with one parent and two (2) weeks at the end of each month with the other parent. During the two-week period, the non-residential parent will have visitation rights during one weekend. This will only require the child/children to transition between households a few times a month, which will aid in creating a stable, predictable environment for the child/children.
As an example, let us assume that the Parenting Schedule will begin on Monday, November 2, 2009. The mother will keep the child at her home from Monday, November 2, to Friday, November 6. The father will then have visitation rights from Friday at 5:00 PM to Sunday, November 8, at 5:00 PM. The child will return to the mother’s home Sunday at 5:00 PM, where he/she will remain until the following Sunday, November 15, until 5:00 PM. The child will then go to the father’s home where he/she will stay until Friday, November 20, where the mother has visitation rights from Friday at 5:00 PM to Sunday at 5:00 PM. The child will return to the father’s home where he/she will remain until the following Sunday, November 29, until 5:00 PM. This schedule will continue throughout the year. The following is a visual representation of such schedule:
This schedule will allow the parents two weeks and two weekends with the child each month. This helps create stability and predictability in the child’s environment, giving them a chance to reasonably predict where they will be for each portion of the month. For instance, a schedule such as this would give children a sense of security in making plans with peers or enjoying extracurricular activities, as he/she will know which parent to inform about such activities, based on where it falls within the month.
This schedule will allow the parent and child to spend time together during the school week, as well as on weekends. It has been consistently found that children perform better in school when both the mother and the father are involved in their school work. This schedule will ensure that both parents are kept abreast of what and how the child is performing in school, while also retaining the weekends to plan activities. Enjoying two weekends a month with each parent will also allow each parent to take the child to religious services, if they wish to do so. A Parenting Plan of what this schedule may actually look like can be found in Exhibit A of this document.
3. Responsibilities and Rights of the Parents
Each parent will have joint physical and legal custody of the child/children. Therefore, each parent will have full responsibility for the care of the child during the time the child resides with the parent. The parents should agree in advance which responsibilities and decisions should be made jointly (between both parents), such as child care, medical care, education, religion, etc. Further, a non-residential parent may reserve the right to make telephone contact with the child while the child is residing with the residential parent. This should also be agreed upon in advance by both parents as to whether there will be a strict schedule regarding such contact, or if it can be at any reasonable time.
I feel that this schedule will be more conducive to stability for the child than an “every other weekend” schedule, which is generally used. Being able to spend significant amounts of time with the child/children will give the parents equal say in discipline and responsibilities concerning the children. While having a “home-base” for a child seems to be the generally accepted situation, I feel that creating two homes, and having both homes as a “base,” would truly give each parent an equal opportunity to co-parent their child. This way there’s no “base” parent and then the “other” parent.
4. Holidays and Birthdays
While this schedule does not propose a typical “every other weekend” schedule, the generally used rotation of holidays and birthdays do seem to make the most sense. Therefore, one parent will receive the child on even-numbered years for an agreed-upon holiday, while the other parent will receive the child on odd-numbered years. This may be modified from time to time, depending on the holiday. For example, a child may wish to spend Mother’s Day with his/her mother, and Father’s Day with his/her father. The parents should be encouraged to stick to this schedule as much as possible, while leaving some flexibility according to the child’s wishes.
This two-week schedule need not address summer vacations, as the parents will have equal (or substantially equal) time with the child for the entire year, including summers. Any exceptions that the parents wish to make during summer, winter, and spring vacations should be made by agreement from both parents, preferably in advance.
EXHIBIT A
50/50 SHARED PARENTING SCHEDULE
PARENT A (Name: First, Middle, Last)
_____________________________
Mother Father
PARENT B (Name: First, Middle, Last)
_____________________________
Mother Father
Both parents will behave with each other and each child so as to provide a loving, stable, consistent and nurturing relationship with the child even though they are divorced. They will not speak badly of each other or the members of the family of the other parent. They will encourage each child to continue to love the other parent and be comfortable in both families.
This plan is a new plan.
modifies an existing Parenting Plan dated __________________.
modifies an existing Order dated _________________________.
Child’s Name Date of Birth
I. RESIDENTIAL PARENTING SCHEDULE
A. RESIDENTIAL TIME WITH EACH PARENT
Under the above schedule each parent will spend the following number of weeks (during the year) with the children:
Mother __26__ week(s) (_182_ days) Father __26__ week(s) (_182_ days)
B. DAY-TO-DAY SCHEDULE
The mother and father shall have responsibility for the care of the child or children except at the following times when the other parent shall have responsibility:
From __Friday at 5:00 PM___ to ___Sunday at 5:00 PM_____ Day and Time Day and Time
every week every other week other: _____________________.
This parenting schedule begins ________________ or date of the Court’s Order.
Day and Time
C. HOLIDAY SCHEDULE AND OTHER SCHOOL FREE DAYS
Indicate if child or children will be with parent in ODD or EVEN numbered years or EVERY year:
MOTHER FATHER
New Year’s Day _______________________ _______________________
Martin Luther King Day _______________________ _______________________
Presidents’ Day _______________________ _______________________
Easter Day (unless otherwise
coinciding with Spring Vacation) _______________________ _______________________
Passover Day (unless otherwise
coinciding with Spring Vacation) _______________________ _______________________
Mother’s Day _______________________ _______________________
Memorial Day (if no school) _______________________ _______________________
Father’s Day _______________________ _______________________
July 4th _______________________ _______________________
Labor Day _______________________ _______________________
Halloween _______________________ _______________________
Thanksgiving Day & Friday _______________________ _______________________
Children’s Birthdays _______________________ _______________________
Other School-Free Days _______________________ _______________________
Mother’s Birthday _______________________ _______________________
Father’s Birthday _______________________ _______________________
Other: _______________________________________
A holiday shall begin at 5:00 p.m. on the night preceding the holiday and end at 5:00 p.m. the night of the holiday, unless otherwise noted here_____________________________.
D. WINTER (CHRISTMAS) VACATION
The mother father shall have the child or children for the first period from the day and time school is dismissed until December _____ at ____ a.m./p.m. in odd-numbered years in even-numbered years every year. The other parent will have the child or children for the second period from the day and time indicated above until 5:00 p.m. on the evening before school resumes. The parties shall alternate the first and second periods each year.
Other agreement of the parents: _____________________________________________
E. SPRING VACATION (If applicable)
The day-to-day schedule shall apply except as follows: _________________________________________________
___________________________________________beginning ___________________.
F. SUMMER VACATION
The day-to-day schedule shall apply except as follows: ___________________________
__________________________________________ beginning ____________________.
Is written notice required? Yes No. If so, ________ number of days.
G. TRANSPORTATION ARRANGEMENTS
The place of meeting for the exchange of the child or children shall be: ______________
_________________________________________________.
Payment of long distance transportation costs (if applicable): mother father both equally.
Other arrangements: _________________________________________________.
If a parent does not possess a valid driver’s license, he or she must make reasonable transportation arrangements to protect the child or children while in the care of that parent.
H. OTHER
The following special provisions apply :
_________________________________________________
II. DECISION-MAKING
A. DAY-TO-DAY DECISIONS
Each parent shall make decisions regarding the day-to-day care of a child while the child is residing with that parent, including any emergency decisions affecting the health or safety of a child.
B. MAJOR DECISIONS
Major decisions regarding each child shall be made as follows:
__________________________ mother father joint
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Entry 5 by: David Mays
Child Custody and Visitation
The parties, ______ (father) and ________ (mother), agree it is in the best interest of the children ( _________, __________, _________) to equally share the children in joint legal and physical custody following the schedule below:
(1) The children will spend one full week period at a time with each party, alternating weeks for
the 52 week calendar year for a total of 26 weeks per parent per calendar year, with the exception of the two middle weeks of July.
(a) The mother will be entitled two consecutive weeks in the middle of July on even numbered years, while the father will be entitled two consecutive weeks in the middle of July on odd numbered years.
(b) Each week long custody period end/beings at 4:00 P.M. on Sunday.
(c) In legal terms, the father shall be entitled to the actual physical custody of the children from 4:00 p.m. Sunday afternoon when the children shall remain in his custody until 4:00 p.m. the next Sunday afternoon when the mother picks the children up; and vice versa.
Even Years
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Week1 Dad Dad Dad Dad Dad Dad Mom Mom Mom Mom Mom Mom
Week2 Mom Mom Mom Mom Mom Mom Dad Dad Dad Dad Dad Dad
Week3 Dad Dad Dad Dad Dad Mom Mom Mom Mom Mom Mom Mom
Week4 Mom Mom Mom Mom Mom Dad Dad Dad Dad Dad Dad Dad
Odd Years
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Week1 Mom Mom Mom Mom Mom Mom Dad Dad Dad Dad Dad Dad
Week2 Dad Dad Dad Dad Dad Dad Mom Mom Mom Mom Mom Mom
Week3 Mom Mom Mom Mom Mom Dad Dad Dad Dad Dad Dad Dad
Week4 Dad Dad Dad Dad Dad Mom Mom Mom Mom Mom Mom Mom
(e) This schedule includes all holidays and other events including birthdays which fall under the weeks to which each parent is entitled.
(2) Either party may make exceptions and alterations to this schedule as mutually agreeable, but any modification intended to be permanent must be in the form of a court order.
(3) Each party shall have the first right of refusal to serve as the caregiver for their children in the event the other party is unable to exercise a period of custody to which they are entitled.
(4) The parties shall exert every reasonable effort to:
(a) Maintain open communication between the children and the other parent and to foster a feeling of affection between said children and the other parent; or,
(b) Consult with each other regarding the children's education, illnesses, operations, and other matters of similar importance affecting said children; or,
(c) Consider at all times the well-being, education, and development a paramount requirement for the care of the children.
(5) Neither party will do anything that may:
(a) Estrange or alienate the minor children from the other party or to injure the minor children's opinion as to their parents; or,
(b) Hamper the free and natural development of the children's love and respect for both parents.
(6) Each party shall make a reasonable and diligent effort to keep the other parent informed of the children's school programs and sporting events so as to afford the other parent an opportunity to attend and participate.
(7) Each party shall have full access to the school and medical records of the children under reasonable notice and circumstance.
(8) Unless otherwise agreed by the parties, in advance, the parent is responsible for picking up the children at the beginning of his scheduled period of visitation at the other party’s residence or such other place mutually agreed upon.
(a) One party shall give the other party at least 24 hours' notice if they are unable to execute the scheduled pick up of the children. If notice is not given by the receiving party, the waiting party shall have no duty or obligation for more than thirty (30) minutes past the designated commencement time. And, if the receiving party has not notified they will be late collecting the children, and he is thirty (30) minutes or more late in arriving, then he shall be deemed to have forfeited a three day period, in which case the next pick up time becomes 6 P.M. on the following Wednesday.
(10) Each party agrees to have the safety of the children as a primary concern at all times and will make the necessary precautions when the children are with them to:
(a) Utilize proper child restraint seats or belts during automobile transportation; and,
(b) Refrain from immoral or offensive conduct or language; and,
(c) Refrain from the excessive consumption of alcohol and refrain from consumption of any single illegal drug; and,
(d) Refrain from driving after having consumed alcohol or while consuming alcohol or other mind altering substances; and,
(e) Place the children in life jackets, orange vests and other safety clothing when hunting, swimming, fishing or engaging in other recreational activities; and,
(f) Limit visitations of persons of the opposite sex to whom they are not related by blood or through remarriage from the children are past 12:00 p.m. or before 8:00 a.m.; and,
(g) Inform immediately the other parent if a child becomes ill; and,
(h) Refrain from allowing the children to ride in any vehicle, including ATVs, boats or other motorized machine with anyone who has consumed any alcohol or other mind altering substance; and,
(i) Ensure that the children are properly supervised at all times; and
(j) Ensure that the children attend all scheduled classes at school unless the children are sick or have an unavoidable obligation.
Otherwise be liable to the criminal, civil, or other sanctions of the court.
(11) The parties agree that the children should be raised in a faith-based environment where the active practice of religion and attending church on a regular basis should be encouraged, and both parents will make effort to take the minor children to church and allow them to participate in church related activities while in his or her custody.
(12) The parties agree that the children should be raised in a health conscious manner, and both parents will make effort to support healthy eating habits, regular exercise, and normal social activities for the children while in his or her custody.
(13) Under no circumstances can or will any physical custody between the parties and the children take place in the presence of any member of the opposite sex with whom the children feel uncomfortable and/or alienated, and the parties will not expose said children to any illicit relationship between them and any third party, which would be characterized by overnight visitation with said third party.
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Entry 6: by Kourtney Ikard
MEMORANDUM
TO: M. Craig Robertson
FROM: Kourtney Ikard
DATE: October 31, 2009
RE: 50/50 Visitation Schedule
First and foremost, both parties agree that a shared parenting agreement is in the best interest of the child(ren). A shared parenting agreement allows equal time between the Husband and the Wife with the child. This particular custody agreement most resembles the child’s schedule during the marriage. It is beneficial to the Husband and Wife because both parties will be able to participate in the child’s normal, daily activities. More importantly, this agreement is beneficial to the child because he/she will be able to grow from as much nourishment from each parent as possible.
The age and health of each child is taken into careful consideration with a shared parenting agreement. If a child becomes physically or mentally ill for an extended period of time, a shared parenting agreement may need to be reconsidered due to the strain it may be putting on the child’s physical or mental health. Also, younger children tend to do better with more frequent exchanges between the Husband and Wife. As the child grows older, an extended visitation with each parent will be more suitable. For example, an infant may need to spend one night with the Husband and the next night with the Wife. On the other hand, a teenager may benefit from a week with the Husband and a week with the Wife.
The location of the parties is also a major factor in a shared parenting agreement. The continuing stability of a child is directly affected by his/her everyday activities. For this reason, the parties should agree to reside close enough to each other to ensure that exchanges between the Husband and Wife are as simple, efficient and stress-free as possible. Upon reaching kindergarten, a child should only attend one school despite whether the Husband or Wife lives out of district. Attending two separate schools is not within the best interest of the child.
Finally, a shared parenting agreement can be tailored if the Husband and Wife choose to do so. No circumstance is the same as another. No child will fit in a pre-determined mold. The Husband and Wife should work together amicably to find a schedule that meets their needs and the needs of the child. An example of an age-based shared parenting schedule is as follows:
The parties agree that they shall both share joint legal and physical custody of their minor child(ren), NAME(S). A child from 0-2 years shall reside with the Husband on Sunday, starting at 6 o’clock p.m. and ending on Monday at 6 o’clock p.m. The child shall reside with the Wife on Monday, starting at 6 o’clock p.m. and ending on Tuesday at 6 o’clock p.m. This schedule shall continue for the rest of the week until Saturday night at 6 o’clock p.m. The Husband and Wife shall alternate each Saturday at 6 o’clock p.m. to Sunday at 6 o’clock p.m. with the child.
A child from 2-5 years (or longer if both parties agree that the schedule is appropriate) shall reside with the Husband on Sunday, starting at 6 o’clock p.m. to Tuesday at 6 o’clock p.m. The child shall reside with the Wife on Tuesday, starting at 6 o’clock p.m. to Thursday at 6 o’clock p.m. The child shall reside with the Husbands, starting at 6 o’clock p.m. on Thursday to Sunday at 6 o’clock p.m. This schedule shall alternate each and every week.
A child from 5-18 years shall reside with the Husband the first week from 6 o’clock p.m. Sunday night to 6 o’clock p.m. the next Sunday night. The Wife shall have an overnight visit on Wednesday from 6 o’clock p.m. to Thursday at 6 o’clock p.m. This schedule shall alternate each and every week.
In addition to the above schedule, The Husband and the Wife shall each also be entitled to uninterrupted custody of the child during the summer for ten (10) consecutive days as agreed upon by the parties, but that in the event the parties are unable to agree, from 6:00 o’clock p.m. on June 5th until 6 o’clock p.m. on June 15th and from 6:00 o’clock p.m. on July 5th until 6:00 o’clock p.m. on July 15th, alternating each year. The Husband shall have additional time with the children, regardless of otherwise scheduled custody, as follows:
(a) During the Christmas Holidays in even-numbered years, beginning the day the children are let out from school and ending at 6:00 o'clock p.m. on Christmas Day (December 25th), while the Wife will always have the right to have the children with her during the aforementioned times in odd-numbered years; during the Christmas Holidays in odd-numbered years, beginning at 6:00 o'clock p.m. on Christmas Day and ending at 6:00 o'clock p.m. on New Year's Day, while the Wife will always have the right to have the children with her during the aforementioned times in even-numbered years;
(b) During the Thanksgiving Holidays in odd-numbered years, beginning at 6:00 o'clock p.m. on the Wednesday immediately preceding Thanksgiving Day and ending at 6:00 o'clock p.m. on the following Sunday, while the Wife will always have the right to have the children with her during the Thanksgiving Holidays in even-numbered years;
(c) During the Easter Holidays in odd-numbered years, beginning at 6:00 o'clock p.m. on Good Friday and ending at 6:00 o'clock p.m. on Easter Sunday; while the Wife will always have the right to have the children with her during the Easter Holidays in even-numbered years;
(d) On Memorial Day weekend in odd-numbered years, beginning at 6:00 o'clock p.m. on Friday and ending on Memorial Day at 6:00 o'clock p.m., while the Wife will always have the right to have the children with her on Memorial Day weekend in even-numbered years;
(e) On Labor Day weekend in even-numbered years, beginning at 6:00 o'clock p.m. on Friday and ending on Labor Day at 6:00 o'clock p.m., while Wife will always have the right to have the children with her on Labor Day weekend in odd-numbered years;
(f) On Independence Day (July 4th) in odd-numbered years, beginning at 9:00 o'clock a.m. and ending at 9:00 o'clock p.m., while the Wife will always have the right to have the children with her on Independence Day in even-numbered years;
(g) On Father's Day weekend each and every year, beginning at 6:00 o'clock p.m. on Friday and ending at 6:00 o'clock p.m. on the Father's Day, while Wife will always have the right to have the children with her on Mother's Day weekend each and every year;
(h) On father’s birthday each and every year, while Wife will always have the right to have the children with her on her birthday each and every year.
(i) The party transferring visitation shall provide transportation; and,
(j) The Husband and the Wife shall exert every reasonable effort to maintain open communication between the children and the other parent and to foster a feeling of affection between said children and the parent, and the parties shall make reasonable efforts to consult with each other with regard to the children's education, illnesses, operations, and other matters of similar importance affecting said children, whose well-being, education and development shall at all times be the paramount consideration of both parents. Neither Husband nor Wife shall do anything that may estrange or alienate the minor children from the other party or to injure the minor children's opinion as to their parents, or which may hamper the free and natural development of the children's love and respect for both parents. Each party shall make a reasonable and diligent effort to keep the other parent informed of the children's school programs and sporting events so as to afford the other parent an opportunity to attend and participate. Each party shall have access to the school and medical records of the children. Neither party shall permit the children to be exposed to the use of illegal drugs, excessive alcohol, or overnight visitation by a member of the opposite sex not related by blood or marriage or other immoral conduct.
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Entry 7: by Victoria McDonald
“No matter how calmly you try to referee, parenting will eventually produce bizarre behavior, and I'm not talking about the kids.” – Bill Cosby
“Time and time again I have seen cases (and this is one) where the children are being treated as Frisbees… I do not see why anyone would select a living arrangement which involved so much movement from house to house.” - The Honorable Mr. Justice J.W. Quinn
“But I’m a great father, that’s why I got custody.” - Kid Rock
VICTORIA L. MCDONALD, ESQ.
ROBERTSON + ASSOCIATES, PLLC
Post Office Box 2055
Ridgeland, Mississippi 39158
Telephone: 601.898.8655 • Facsimile: 601.898.9767
BIRD-NESTING CHILD CUSTODY AGREEMENT
For Jon and Kate Gosselin
KATE GOSSELIN
Plaintiff
v.
JON GOSSELIN
Defendant
AND NOW, on this the 31st day of October, 2009, the following custody agreement is entered into between Kate Gosselin and Jon Gosselin with respect to their following eight children:
KG __________ JG _________
Full Name of Child Date of Birth
Cara Nicole October 8, 2000
Madelyn Kate October 8, 2000
Alexis Faith May 10, 2004
Hannah Joy May 10, 2004
Aaden Jonathan May 10, 2004
Collin Thomas May 10, 2004
Leah Hope May 10, 2004
Joel Kevin May 10, 2004
Jon and Kate, notwithstanding their individual shortcomings including Kate’s peculiar hairdo and Jon’s weekend rendezvous, shall each share joint legal custody and be considered the custodial parent. Both Jon and Kate have undoubtedly demonstrated love and concern for each of their eight children and the ability to provide for their care and needs. The couple has agreed this arrangement is economically feasible and in the best interest of their children. Therefore, Jon and Kate, plus their eight, will enter into a bird-nesting joint parenting and custody living schedule where the twins and sextuplets will remain in the marital home and each parent will maintain a separate residence when it is not their turn at the “bird’s nest” in accordance with the following guidelines and conditions:
(a) Marital Home: Jon and Kate shall each have exclusive occupancy of the marital residence during his or her parenting time with the minor children. Neither Jon nor Kate shall ever occupy the home at the same time. Kate will occupy the home during the first and third weeks of the month and Jon on the second and fourth weeks of the month unless otherwise mandated by the below structured holiday schedule. The week will begin on Sunday at 6 p.m. and conclude the following Sunday at 6 p.m., and each parent shall arrive and depart in accordance. All eight children shall remain in the marital home regardless of which parent has sole occupancy of the marital home.
(b) Bills: Jon and Kate shall be equally responsible for and pay fifty percent (50%) of all liabilities associated with the residence including but not limited to the taxes, insurance, weekly maid service, utilities, and routine maintenance costs, which will include professional cleaning of the backyard pool area where the kids like to swim during the summer months. Neither Jon nor Kate shall permit waste or damage to the property or anything associated with the property, including but not limited to the children’s favorite toys, their bikes, and their trikes. Each parent will be responsible for providing food for the children during their scheduled week and each parent will be considerate of the children’s preferences in food, that being pancakes and Asian cuisine, as well as Kate’s desire to serve organic.
(c) Interactive Website: To limit potential disagreement and arguing in the presence of the children, the parties will also maintain an interactive and private family website hosted at and coordinated by www.OurFamilyWizard.com, at the cost of $100 per parent per year. The family’s website will include a message board in which both parents will use to discuss parenting matters, blog about the daily activities of the children, post calendar dates for the children’s activities, and update an expense log reflecting all costs associated with parenting the children and maintaining the marital home on a weekly basis. The expense log will not include costs for personal gifts or unnecessary expenses expounded upon the children from either parent.
(d) Holidays: Each parent will keep with the normal holiday and family traditions including those associated with the Tooth Fairy, Easter Bunny, and Santa Claus, and arrive and depart from the house in accordance with the holiday schedule below, keeping in mind that the holidays shall take precedence over regularly scheduled parenting access and alternate annually unless otherwise stated:
(1) Every Mother's Day shall be spent with Kate at the marital home from 10:00 a.m. until 7:00 p.m. if the holiday falls on Jon's weekend for parenting access;
(2) Every Father's Day shall be spent with Jon at the marital home from 10:00 a.m. until 7:00 p.m. if the holiday falls on Kate's weekend for parenting access;
(3) Thanksgiving 2009 - with Kate at the marital home from 10:00 a.m. until 7:00 p.m.;
(4) Christmas Eve 2009 - with Jon at the marital home from 10 a.m. until 7 p.m.;
(5) Christmas Day 2009 - with Kate at the marital home from 7 p.m. Christmas eve until noon on December 26th;
(6) New Year's Eve 2010 - with Kate at the marital home from 10:00 a.m. until 7 p.m.;
(7) New Year's Day 2010 -with Jon at the marital home from 7 p.m. until noon on January 2nd;
(8) Easter 2010 - with Kate at the marital home for the entire weekend from Thursday after school until drop off at school Monday morning;
(9) Memorial Day 2010 - with Jon at the marital home for the entire weekend, from after school on Friday until Monday morning drop off at school;
(10) Fourth of July 2010- with Kate at the marital home from 10:00 a.m. until 7 p.m.;
(11) Labor Day 2010 - with Kate at the marital home for the entire weekend, from Friday at 10:00 a.m. (or after school if school starts before Labor Day) until Tuesday morning drop off at school.
(e) Parent Failing in their Duty: If either parent is unable to assume his or her duties during their scheduled parenting time the other parent shall have the right of first refusal to care for the children. If that parent is unavailable then the parent with responsibility for the children shall be responsible for obtaining and paying for alternate care. Kate’s personal book signing tours and events will be no excuse for her inability to care for the children. In addition, neither parent shall use media interviews as a reason to neglect responsible for the children.
(f) Overnight Guests: Neither party shall entertain an unrelated guest of the opposite sex overnight while he/she has sole occupancy of the marital home, including but not limited to Jon’s 22-year old girlfriend Hailey.
(g) Tattoos, Ear piercing, Etc.: Both Jon and Kate will confer before allowing any child to undergo any piercing and/or tattooing. In addition, both parents will monitor and discuss the children’s access to Internet web surfing and viewing of R-rated movies. The parents will alternate overseeing special school projects, including but not limited to science fair experiments and term papers.
(h) Transportation, Homework, After School Activities: The couple’s navy Dodge Sprinter in to remain at the marital residence and provide the main transportation to and from school and after school activities. Each parent will ensure that all nightly homework is complete. The party not presently occupying the marital home may attend any child’s school activities or athletic events.
(i) Birthday Parties: Each parent will alternate the planning and financing of both the twins and sextuplets' birthday montages, with Kate planning the parties in 2010 and Jon in 2011, alternating likewise until the children reach the age of 13. Both Jon and Kate will keep with the family tradition of making a homemade chocolate cake from scratch during their year of planning for the parties and both parents will be allowed to attend the celebrations.
(j) Safety and Cleanliness: The following rules apply: 1) No guns in the house or car, 2) children will at all times wear seat belts while riding in cars, 3) a bottle of hand sanitizer will remain in each home room, the children’s backpacks, and in the family vehicle, 4) no piling of dishes in the bathtub, and 5) no riding of the children on Jon’s motorcycle.
(k) Laundry: All laundry shall be folded and put away at the end of each parent’s weekly stay. The children will help with this activity.
(l) Pets: The family’s two German Sheppard puppies, Shoka and Nala, shall remain at the marital home with the children, with the children having the responsibility of feeding the dogs and the parents the responsibility of ensuring plenty of Puppy Chow is present and that the dogs are properly groomed once a month, alternating monthly this responsibility beginning with Kate.
(m) Communication between Parent and Child: Each parent shall have
reasonable access to the children while they are with the other parent, including access by mail, e-mail, and telephone each evening. Each child will be allowed to maintain a Facebook page upon reaching the age of 14 and each parent may use the page to communicate with the child and to monitor the child’s other friendships. The children’s access to Twitter and phone texting shall be considered and incorporated into this agreement at a later date if so desired.
(n) Medical Insurance: Both Jon and Kate shall maintain medical insurance for the benefit of the minor children so long as it is available through their employment with the TLC Network and shall keep the ongoing balance of all medical expenses on the expense log portion of their website. In regards to expenses, on the last business day of each fiscal quarter the parent under spending the other parent on reasonable household and child rearing costs will reimburse the over spending parent with a check made payable to the over spending parent’s order and by doing so will balance the children’s finances.
(o) Miscellaneous: Finally, Jon shall ensure all bathroom lavatory seating is situated and in its proper place prior to his departure from the marital home and Kate’s arrival on each of his scheduled weeks with the children.
IT IS SO AGREED, this the 31st day of October, 2009.
/s/ Kate Gosselin /s/ Jon Gosselin
Kate Gosselin Jon Gosselin
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Entry 8: by Sara Dykes
The issue at hand is to create a truly equal custody schedule. There are two types of custody: physical and legal. Miss. Code § 93-5-24. The Mississippi Code defines physical custody as “those periods of time in which a child resides with or is under the care and supervision of one (1) of the parents.” Miss. Code § 93-5-24(5)(b). Legal custody is defined as “the decision-making rights, the responsibilities and the authority relating to the health, education and welfare of a child.” Miss. Code § 93-5-24(5)(d). Under the Code, the courts may order custody as follows: joint physical and legal custody; joint physical custody and sole legal custody to one parent; joint legal custody and sole physical custody to one parent; or physical and legal custody to one parent. Miss. Code § 93-5-24(1)(a)-(d).
A move toward equality in custody is already reflected in Mississippi law. Children once were the property of their fathers, who always obtained custody. Albright v. Albright, 437 So.2d 1003, 1004 (Miss. 1983). Then the “tender years” doctrine evolved, which presumed that young children were better left in the care of their mothers. Id. (citing Johns v. Johns, 57 Miss. 530 (1879)). In Albright v. Albright, 437 So.2d 1003 (Miss. 1983), the Mississippi Supreme Court held that the “tender years” doctrine had weakened and that “[a]ge should carry no greater weight than other factors to be considered.” Id. at 1005. This change is reflected in Mississippi Code § 93-5-24(7), which states the following: “There shall be no presumption that it is in the best interest of a child that a mother be awarded either legal or physical custody.” The Mississippi Supreme Court further listed factors to consider when determining custody. 437 So.2d 1003 at 1005. Among those factors are the physical and mental health of both the child and parents, fitness of parents, parental employment, and the child's school record. Id. The goal should be stability. Id. Utilizing these factors, either parent may obtain custody of their children with no presumption based on gender.
To create an equal joint physical custody plan, one must calculate how much time the children spend with each parent. Excluding leap years, there are 365 days per year which totals 8760 total hours per year. This leaves 182.5 days or 4380 hours per parent. One must also consider practical concepts such as the children's and parents' schedules. The children must have a consistent school schedule, and the parents must get equal time with the children. If one parent has the children strictly during the week and the other strictly on the weekends to accommodate school, then the time spent with the children is not equal. Other factors such as school holidays and breaks must also be considered. The parents' work schedules must also be considered. The United States government and the state of Mississippi have declared the following holidays: New Year's Day; Birthday of Martin Luther King, Jr.; Washington's Birthday; Memorial Day; Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day; and Christmas Day. 5 U.S.C. 1003(a); Miss. Code § 3-3-7(1). Both the parents and children should have these days free from work and school.
The following is a proposed joint custody plan which attempts to maintain a truly equal custody plan in keeping with the guidelines created by the Mississippi Code, the Mississippi Supreme Court in Albright, and the scheduling opportunities awarded by government holidays. The plan is a template and can be adjusted as the parties wish in the divorce settlement proceedings.
Proposed Equal Parenting Plan
Parent 1 (P1) and Parent 2 (P2) shall retain joint legal custody of the children. P1 and P2 shall retain joint physical custody of the minor children. P1 will retain custody of the children except for the custody times afforded P2 in accordance with the plan established as follows:
• P2 will have custody of the minor children every weekend in an alternating 2- to 3-day weekend pattern. The first weekend after this agreement shall be a 3-day weekend which will start at 4:00PM Thursday afternoon and last through 4:00PM Sunday afternoon. The following weekend will be a 2-day weekend which will begin at 4:00PM Friday afternoon and last through 4:00PM Sunday afternoon. This pattern will repeat so that every other weekend is a 3-day weekend.
• In accordance with federally and state mandated work holidays, which normally coincide with school holidays, P2 may choose three of the following five holidays on which P2's weekend custody will be extended. The following holidays are both mandated by federal and state law and are consistently observed on a Monday: Martin Luther King, Jr. Day; Washington's Birthday; Memorial Day; Labor Day; and Columbus Day. On the three holidays which P2 elects, P2's weekend custody will be extended to 4:00PM Monday afternoon. For example, if P2 elects Labor Day as a holiday, and Labor Day weekend is a 2-day weekend in the rotation, then P2 will spend time with the children from 4:00PM Friday afternoon until 4:00PM Monday afternoon. If it were a 3-day weekend, then custody would last from 4:00PM Thursday afternoon until 4:00PM Monday afternoon of the chosen holiday.
• For the Thanksgiving Holiday, P2's custody shall extend from 4:00PM Sunday until 4:00PM Thursday. This ensures that both parents receive time with the children on the holiday. Since P2's weekend custody normally ends at 4:00PM on Sunday, the week of Thanksgiving will be an extended custody time. Thus, it will begin when either the 2- or 3-day period begins on either Friday or Thursday, respectively, and last through 4:00PM Thanksgiving Day.
• For the Christmas Holiday, P2's custody will begin at 4:00PM on December 25 and last through 4:00PM January 1. This ensures that on both Christmas Day and New Year's Day, each parent gets time with the children. This also gives P2 a significant portion of the Christmas school holidays to spend with the children.
• For Independence Day, P2 will have custody from 4:00PM July 3 until 4:00PM July 4. This ensures that both parents receive time with their children on said holiday.
• During the summer school break, P2 will receive a total of 3 weeks with the children. This time is to be split into two sessions of 2 weeks in June and 1 week in July. The two weeks in June may not begin later than June 10. This ensures that the two weeks period ends by June 24, and ensures that P1 gets at least one week with the children before P2's July custody begins. P2 may elect any seven days after Independence Day for the one week period.
• P2 may elect to take the July custody week adjoining Independence Day. If P2 elects to do so, in lieu of spending the early portion of the holiday with the children, P2's Independence Day custody will begin at 4:00PM July 4 and end at 4:00PM July 5. The one week July custody period will then begin at 4:00PM on July 5. This ensures that P1 still receives time with the children on Independence Day.
• For P2's birthday, custody will begin at 4:00PM on the day preceding P2's birthday and lasting through 4:00PM on P2's birthday.
• For Spring Break, P2's custody will begin on the Friday beginning Spring Break at 4:00PM and last through Wednesday at 4:00PM. The first weekend of Spring Break must be a 2-day weekend, whether or not it falls as such in the rotation. P2 will not have weekend custody the second weekend of Spring Break – that which occurs right before school starts again. The 3-day weekend which would have occurred the second weekend of Spring Break will be taken from 4:00PM Sunday until 4:00PM Wednesday. This ensures that both P2 and P1 have a series of days in which to make plans or take trips with the children.
• P2 may elect any remaining days for the following, with P1's approval: children's birthdays; family, religious, or social functions; or extended weekends.
Custody Illustration Chart
Custody Period # of Days # of Hours
Alternating 2- to 3-day Weekends
• 52 Weekends * 2 Days * 24 Hours
• 26 Weekends * 1 Day * 24 Hours 130 3120
Federal/State Mandated Holidays
• 3 of 5 of the following:
• Martin Luther King, Jr. Day
• Washington's Birthday
• Memorial Day
• Labor Day
• Columbus Day 3 72
Independence Day 1 24
Thanksgiving Holidays
• Time from Sunday at 4PM until Thursday at 4PM 4 96
Christmas Holidays 7 168
Summer Vacation (3 Weeks; 2 in June; 1 in July) 21 504
P2's Birthday 1 24
Spring Break
• The second weekend is moved into the week, so the hours are offset. 0 0
Totals: 167 4008
Days Needed for True Equality: 182.5 4380
Days Remaining for Negotiation in Settlement: 15.5 372
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Entry 9: by Madeline Bobo
Child Custody and Visitation
Steven and Alice shall have joint legal custody with primary physical custody awarded to Alice. Steven shall have the right to reasonable visitation at times set forth in this visitation schedule. Steven shall have visitation every other weekend beginning at 6:00 p.m. on Friday and continuing until 6:00 p.m. the following Sunday; as well as every other Wednesday beginning at 3:00 p.m. and ending Thursday morning at 8:00 a.m. It will be Steven’s responsibility on these Wednesdays to pick the children up from school and drop them off the following Thursday morning. Additionally, Steven shall have the following periods of visitation, regardless of and taking priority over all other scheduled periods of custody.
(a) New Years Eve on all even numbered years, beginning at 5:00 p.m. and ending the next day at 10:00 a.m. Alice shall have the children on the odd number years pursuant to the same time constraints;
(b) New Years Day on odd numbered years, beginning at 10:00 a.m. and ending the next day at 10:00 a.m. Alice shall have the children on the even numbered years pursuant to the same time constraints;
(c) Every Super Bowl Sunday, unless the New Orleans Saints are in the Super Bowl, then Alice shall have custody of the children;
(d) For the entire Easter holiday on all even numbered years, beginning at 9:00 a.m. on Good Friday and continuing until 5:00 p.m. Easter Sunday. However, both parents have the right to accompany the children to the annual church Easter egg hunt on Easter Sunday regardless of the year. Alice shall have the children on all odd numbered years pursuant to the same time constraints;
(e) Steven shall have the children every Spring Break from 5:00 p.m. on the first Friday of Spring Break and they shall remain with him until 5:00 p.m. the following Wednesday. Alice shall have the children for the remaining of the break;
(f) During the remainder of May after school has commenced for the summer, starting at 5:00 p.m. on the last day of school ending at 5:00 p.m. on the last day of May and the entire month of July beginning at 9:00 a.m. on July 1st and ending at 5:00 p.m. on the last day of July. Alice shall have the children during the entire month of June and August until school resumes. Holidays during the summer time are subject to the conditions below;
(g) Steven shall retain custody of the children on Memorial Day and the Fourth of July during all odd numbered years. Alice shall have custody on every even numbered year beginning at 9:00 a.m. the morning of the holiday and continuing until 9:00 a.m. the following day;
(h) Labor Day on all even numbered years, beginning at 9:00 a.m. and ending the following day at 9:00 a.m. Alice shall have the children on every odd numbered year pursuant to the same time constraints,
(i) Halloween on all odd numbered years, beginning at 5:00 p.m. and ending at the commencement of trick or treating or no later then 9:00 p.m. that same night. Alice shall have the children on all even numbered years pursuant to the same time constraints.
(j) Steven shall have visitation with the children every even numbered Thanksgiving Holiday from the Wednesday before starting at 5:00 p.m. until the following Friday at 10:00 a.m. Travel plans shall be taken into account and visitation can be extended if mutually agreed upon. Alice shall have the children on every odd numbered Thanksgiving pursuant to the same time constraints.
(k) Christmas shall be shared equally between the parties, the times and places to be agreed upon by the parties with each party giving deference to established family traditions. In the event that the parties do not agree Steven shall have the children from 5:00 p.m. Christmas Eve until 11:00 Christmas day on all odd numbered years. Alice shall have them from 11:00 Christmas day until 9:00 a.m. the following day. On all even numbered years Alice shall have the children from 5:00 p.m. Christmas Eve until 11:00 a.m. Christmas day. Steven shall have them from 11:00 a.m. Christmas day until 9:00 a.m. the following day;
(l) The parties shall have the children for equal times on the children’s birthdays, as mutually agreeable;
(m) The parties shall have the children with them on their own birthday, as mutually agreeable;
(n) Steven shall have the children every Father’s Day beginning at 9:00 a.m. and ending at 9:00 p.m. Alice shall have the children every Mother’s Day;
(o) Both parties shall be allowed to attend any and all local sporting events the children are participating in, regardless of who has custody at the time;
(p) The parties shall be allowed to take the children on a family vacation during the summer months as mutually agreeable;
(q) The parties shall be allowed telephone contact during anytime when the children are with the other parent, similarly both parties agree to allow the children to call the other while in their custody;
(r) Steven and Alice shall equally share the transportation responsibilities for visitation, as mutually agreeable, if an agreement cannot be made Steven shall pick the children up at the designated time for all of his scheduled visits and Alice shall be responsible for picking them up when it is time for them to return to her care;
(s) Steven shall give Alice at least 24 hours notice if he does not intend to exercise any scheduled or agreed upon visitation. If he does not provide Alice with such notification, she shall have no duty or obligation to await the arrival of Steven longer then 30 minutes past the designated time.
(t) The parties shall have the right to temporarily alter or change the above visitation schedule if it is mutually agreed upon. Changes that are intended to be permanent must be modified by Court Order.
(t) Both parties agree that while the children are in their custody they shall refrain from exposing the children to the use of illegal drugs, excessive alcohol, adulterous relationships and overnight visitation by a member of the opposite sex not related by blood or marriage from 10:00 p.m. until 8:00 a.m. Both parties agree to refrain from speaking negatively about the other while in the presence of the child.
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Entry 10: by Joseph Wallace
CHILD CUSTODY AGREEMENT
Bob and Sue agree to share equal custody of Pam. They agree that evenly sharing parental rights and responsibilities is best for Pam. Consistent with that agreement; their time with Pam will be divided fairly and reasonably with an emphasis on quality time with Pam. As joint legal and physical custodians by law, they each hold an equal interest in spending time with Pam. However, as divorced parents, that time will be divided so that Pam will spend the night at Sue’s some days and Bob’s other days. Bob and Sue agree to the following schedule outlined in part 1, but they also agree to the following built-in modifications should issues come up as outlined in part 2. The first two sections may be temporarily modified if the parties agree, but a permanent change requires agreement in writing or a court order. Part 3 represents general commitments to Pam’s welfare, and those agreements may not be modified at all without a court order.
I. WEEKLY SCHEDULE: Bob and Sue agree that Pam will spend one week at a time with each parent. Each Friday at 5:30 pm, Pam will be picked up by the parent holding physical custody for the following week. Bob and Sue agree that the alternating arrangement beginning on Fridays will be in Pam’s best interest. It builds healthy anticipation for quality time for Pam to spend with each parent when she is out of school for the next two days. In addition, it allows Pam to spend quality weekend time with the parent that is less exhausted from the previous week. If either party needs to change or cancel a pickup, they both agree to give forty-eight hours’ notice except in the case of an emergency. If either party fails to pick up Pam at 5:30 pm, both parties agree to attempt contact by phone until 6:30 pm. Unless there is an emergency or reasonable excuse acceptable to both parties, failure to pick up Pam by 6:30 pm will be treated as a mutually agreed upon change of custody for the night. This means the party that waited may elect to keep Pam for the night if they wish to. The following holiday schedule of physical custody takes priority over the regular week-to-week schedule. The pickup time for these days will also be 5:30 pm, unless otherwise mutually agreed.
a. HOLIDAYS: Bob and Sue agree that holidays with Pam will be split fairly and evenly each year. The arrangement will allow Pam to experience cultural holidays, religious holidays, and time off from school with each parent every year in the following schedule.
i. RELIGIOUS HOLIDAYS: Pam will spend the even-numbered years’ Easter weekends at Bob’s house and the even year Christmas Eve and Christmas at Sue’s house. The odd year Easter and Christmas holidays will swap to allow Pam to experience each parent’s celebration or services equally for both religious holidays.
ii. NO-SCHOOL HOLIDAYS: Cultural holidays when Pam’s school is cancelled will be shared in the following way for the upcoming holidays. Because Labor Day and Martin Luther King, Jr. Day are three-day weekends with Mondays off, Pam will stay with whichever parent she is already scheduled to be with on those days. If similar days such as Washington’s Birthday holiday fall on a Monday and make for a three-day weekend for Pam, she will spend those days with whichever parent she is regularly scheduled to be with for the following week. The Thanksgiving holiday will be spent with whichever parent will not spend Christmas with Pam that year, so Pam will stay with Sue on Christmas and Bob on Thanksgiving on even years. This will give Pam a balanced experience for those important family holidays without splitting her between homes for every major holiday.
iii. OTHER HOLIDAYS: Cultural holidays when Pam’s school is not cancelled will be shared for upcoming holidays in the following way. Pam will stay Father’s Day Weekend with Bob and Mother’s Day Weekend with Sue. For even years, Pam will stay the night with Sue for Independence Day and the night on which Halloween is celebrated; and Pam will stay with Bob for Memorial Day Weekend and New Years Eve night on even years. These will swap out on odd years. Pam will stay with whichever parent is regularly scheduled for the week of her birthday, and the other parent shall have visitation rights on her birthday from 7pm to 9pm. But the next year Pam will spend the night of her birthday with the other parent regardless of the schedule, and the same visitation rights will revert to the parent without physical custody. For Bob and Sue’s own birthdays, the parties will hold a visitation option from 5:30 pm to 9:00 pm with Pam should their birthdays fall on off-weeks for physical custody.
b. SUMMER BREAKS: Bob and Sue agree that Pam’s Summer Break should be broken into two-week blocks with each parent, rather than one-week blocks, so that vacationing time and activity time with Pam will be more accommodating to each parent’s schedule. After Pam’s last week of school, she will be picked up as regularly scheduled at 5:30 pm by the other parent but will instead stay for two weeks. This schedule will be repeated until school begins again, and then the weekly schedule will resume.
c. SPRING/FALL BREAKS: Bob and Sue agree that Pam’s Spring Break and Fall Break will be shared so that Pam stays with each parent for one or the other every calendar year. Pam will stay with whichever parent is regularly scheduled for the first Spring Break, and the upcoming Fall Break will be spent with the other parent. The following year, the Fall and Spring Break will be reversed so that Pam stays with each parent for the longer Spring Break and the shorter Fall Break on a balanced schedule that alternates yearly.
d. SCHOOL-RELATED ACTIVITIES: Bob and Sue agree that Pam’s school-sponsored events, including field trips, sporting events, pageants, contests, festivals, open houses, and recitals, will be divided according to the regular weekly schedule with regard to who takes responsibility for Pam’s transportation and other support. However, both parents agree that it is in Pam’s best interest to have each parents support her in every activity or event. Therefore, both parents agree that the schoolhouse and school-related events will represent neutral territory where mutual visitation rights will foster as much parental support as possible for Pam in her school activities. It will be both parties’ duty to notify each other of these events to give the maximum opportunity for both parents’ involvement and support.
II. SCHEDULE MODIFICATION: Bob and Sue agree to give each other first option to take care of Pam when the regular schedule of physical custody conflicts with health, employment, or other necessary commitments affecting their family or household. First option will also be given to the other party whenever a non-grandparent babysitter is required for supervising Pam for more than four hours.
a. HEALTH-RELATED SCHEDULE CHANGES: If Bob or Sue must receive overnight medical care due to a scheduled procedure or indefinite emergency care, both parents agree to give each other first option to take physical custody of Pam during the procedure until the custody-impairing condition is resolved. Bob and Sue agree that the regular schedule of custody should be followed, but it is in Pam’s best interest to stay at the parent’s home that is not receiving overnight or indefinite medical care.
b. EMPLOYMENT-RELATED SCHEDULE CHANGES: If Bob or Sue must take overnight business trips or must be away from home overnight for matters relating to employment, both parents agree to give each other first option to take physical custody of Pam during the employment matter. Bob and Sue agree that the regular schedule of custody should be followed, but it is in Pam’s best interest to stay at the parent’s home that is not away from home overnight due to employment or employment-seeking matters.
c. FAMILY-RELATED CRISES: If Bob or Sue must deal with a family emergency that impairs their ability to provide for the safety, health, and wellbeing of Pam, both parents agree to give each other first option to take physical custody of Pam until the custody-impairing situation is resolved. Family emergencies include situations that place additional family obligations on Bob or Sue that impair their ability to take care of Pam. These include a death in the family, serious medical conditions in the family, or other crises affecting health or safety of family members.
d. HOUSEHOLD CRISES: If Bob or Sue must deal with a household emergency that impairs their ability to provide for the safety, health, and wellbeing of Pam, both parents agree to give each other first option to take physical custody of Pam until the condition is resolved or an adequately safe substitution for living quarters is made. A household emergency may be a dangerous condition that makes a home unsuitable to live or dangerous conditions that imminently threaten occupants of a home.
III. NON-MODIFIABLE TERMS OF AGREEMENT: Both parties also agree to the following commitments for Pam’s welfare, which may not be modified either permanently or temporarily without a court order.
a. HEALTH AND EDUCATION: Bob and Sue agree that both parties should be granted access to school and medical records. In addition, decisions significantly affecting education or health, including elective medical procedures, voluntary vaccines, or a change of school enrollment, should be discussed and agreed upon by both parents. However, both parties agree to make Pam attend school unless she is too ill or must miss due to some absolutely necessary reason. Bob and Sue also agree to help Pam to understand homework and school projects, and both parties agree to encourage Pam’s studies and minimize household distraction during study sessions. In addition, both parties agree to promote a healthy lifestyle for Pam and to take reasonable steps to avoid sickness or injury. If Pam becomes sick or injured in either party’s custody and requires medication, medical care, or absence from school, both parties agree to inform the other party of the condition and any absences, medicines, or medical services.
b. SAFETY AND MORALS: Bob and Sue agree that they will not expose Pam to a dangerous environment or unhealthy or immoral conditions for children while in their physical custody. THESE PROHIBITED CONDITIONS INCLUDE:
i. UNFILTERED, UNSUPERVISED INTERNET: Unsupervised internet access while Pam is under the age of sixteen, unless effective filtering software places a parental block on adult materials and internet communication services (chat rooms, myspace, facebook, etc.).
ii. UNSUPERVISED ACTIVITY: Unsupervised outdoor playing or visits to others’ homes that are unsupervised; any unsupervised time period when Pam is under the age of twelve; anyplace there is an unsupervised time period more than three hours when Pam is under the age of sixteen.
iii. OVERNIGHT GUESTS: Overnight guests of the opposite sex who are neither blood-related nor married to Bob or Sue while Pam is under the age of eighteen, which includes guests of either party or Pam’s guests.
iv. SEX: Sexual contact or perverted language in front of the child.
v. TRANSPORTATION DANGERS: Unsafe transportation, including the use of a motor vehicle without age-appropriate seats or restraints; the use of a water vehicle without a life jacket; the use of recreational vehicles without proper helmets; text messaging by the driver in any moving vehicle; or the use of any vehicle while a driver is under the influence of alcohol or any drug that may impair driving.
vi. HARMFUL SUBSTANCES: Alcohol abuse, illegal drug use, or the presence of illegal drugs; or secondhand tobacco smoke in unventilated rooms or areas.
vii. FIREARMS: Lethal firearms in the home within reach or access of a child under the minimum age for a hunting permit or license.
viii. DANGEROUS OUTDOOR ACTIVITY: Hunting or other recreational activities in hunters’ woods without the appropriate orange vests; other dangerous outdoor activity near traffic, fire, or other hazards without proper safety precautions and supervision; sports, bicycles, or other recreational activities without the proper safety equipment.
ix. BAD LANGUAGE: “Cuss words” or “dirty language.”
x. BAD CONDUCT: Any conduct that is illegal or otherwise immoral in front of children to community standards.
c. FOSTERING MUTUAL RESPECT: Bob and Sue agree that both parties will not say anything or behave in a way that promotes disrespect for the other party. Both parties agree to foster good feelings for the other parent when Pam is in their custody. And both parties agree not to indirectly attack one another by speaking negatively of this schedule or the custody sharing agreement in front of Pam. Bob and Sue agree that no competitive atmosphere should exist between their households. They agree to avoid negative comparisons to one another in front of the child with regard to gestures, trips, activities, gifts, or other symbols of love and affection. Bob and Sue agree to carry out this schedule in a civilized way, and both parties agree to enforce the same standards of mutual respect from other parties around Pam when she is in their custody.
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Entry 11: by Hays Burchfield
50/50 SHARED PARENTING SCHEDULE
(Instructions: Replace Party A with father’s name, and replace Party B with mother’s name.)
Party A and Party B agree that it is in the best interest of their children for them to have joint legal and physical custody of (insert children’s names here), and they shall alternate parenting time as mutually agreeable.
WEEKLY SCHEDULE
In the event that Party A and Party B are unable to agree on parenting times, they agree to the 50/50 shared parenting schedule alternating physical custody from week to week as follows, beginning the first Sunday after the execution of this Agreement:
Party A shall be entitled to the actual physical custody of the children from 4:00 p.m. Sunday until Party B picks the children up from Party A on the following Sunday at 4:00 p.m. The children shall remain in Party B’s physical custody for the next week until Party A picks the children up again at 4:00 p.m. on the next Sunday, and so on and so forth.
Party A and Party B may make exceptions and alterations to this schedule as mutually agreeable, but any modification intended to be permanent must be in the form of a court order.
HOLIDAY SCHEDULE
Party A and Party B shall each enjoy holiday time with the children, as follows, which shall take precedence over the normal custody schedule enumerated above:
(A) SUMMER: Party A shall have the children during the summer in odd-numbered years, beginning at 4:00 p.m. on the Sunday after the children’s last day of school and continuing until 4:00 p.m. on the Sunday before the children’s first day of school, while Party B will always have the right to have the children with her during the aforementioned times in even-numbered years;
(B) CHRISTMAS: Party A shall have the children during the Christmas Holidays in even-numbered years, beginning at 6:00 p.m. on the evening of the children’s last day of school before Christmas, and ending at 3:00 p.m. on Christmas Day (December 25th), while Party B will always have the right to have the children with her during the aforementioned times in odd-numbered years; Party A shall also have the children during the Christmas Holidays in odd-numbered years, beginning at 3:00 p.m. on Christmas Day and ending at 6:00 p.m. on the evening before the children return to school, while Party B will always have the right to have the children with her during the aforementioned times in even-numbered years;
(C) MARTIN LUTHER KING, JR. DAY WEEKEND: Party A shall have the children on Martin Luther King, Jr. Day weekend in odd-numbered years, beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on Martin Luther King, Jr. Day, while Party B will always have the right to have the children with her during the aforementioned times in even-numbered years;
(D) PRESIDENT’S DAY WEEKEND: Party A shall have the children on President’s Day weekend in even-numbered years, beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on President’s Day, while Party B will always have the right to have the children with her during the aforementioned times in odd-numbered years;
(E) SPRING BREAK: Party A shall have the children during spring break in even-numbered years, beginning at 6:00 p.m. on the Friday that school lets out and continuing until 4:00 p.m. on the Sunday before school resumes, while Party B shall always have the right to have the children with her during the children’s spring break in odd-numbered years;
(F) EASTER: Party A shall have the children during the Easter Holidays in odd-numbered years, beginning at 6:00 p.m. on Good Friday and ending at 4:00 p.m. on Easter Sunday; while Party B will always have the right to have the children with her during the Easter Holidays in even-numbered years;
(G) FATHER’S/MOTHER’S DAY WEEKENDS: Party A shall have the children on Father’s Day weekend each and every year, beginning at 6:00 p.m. on Friday and ending at 4:00 p.m. on Father’s Day, while Party B will always have the right to have the children with her on Mother’s Day weekend each and every year, beginning at 6:00 p.m. on Friday and ending at 4:00 p.m. on Mother’s Day;
(H) CHILDREN’S BIRTHDAYS: The parties shall have the children for equal times on the children’s birthdays, as mutually agreeable;
(I) MEMORIAL DAY WEEKEND: Party A shall have the children on Memorial Day weekend in even-numbered years, beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on Memorial Day, while Party B will always have the right to have the children with her during the aforementioned times in odd-numbered years;
(J) LABOR DAY WEEKEND: Party A shall have the children on Labor Day weekend in odd-numbered years, beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on Labor Day, while Party B will always have the right to have the children with her during the aforementioned times in even-numbered years;
(K) COLUMBUS DAY WEEKEND: Party A shall have the children on Columbus Day weekend in even-numbered years, beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on Columbus Day, while Party B will always have the right to have the children with her during the aforementioned times in odd-numbered years; and
(L) THANKSGIVING: Party A shall have the children with him during the Thanksgiving Holidays in odd-numbered years, beginning at 6:00 p.m. on the Wednesday immediately preceding Thanksgiving Day and ending at 4:00 p.m. on the following Sunday, while Party B will always have the right to have the children with her during the Thanksgiving Holidays in even-numbered years.
Party A and Party B may make exceptions and alterations to this holiday schedule as mutually agreeable.
ADDITIONAL AGREED CONDITIONS
Party A and Party B shall have the children with them at such other times mutually agreed upon by the parties, and both parties agree to the following conditions:
(a) Neither Party A nor Party B will make unrealistic requests for additional time with the children nor will Party A or Party B unreasonably withhold additional time from the other;
(b) Party A and Party B shall equally share the responsibilities of transportation for alternating physical custody;
(c) Party A and Party B shall each have the right of first refusal to serve as the caregiver for his or her children in the event that either Party A or Party B are unable to exercise a period of physical custody to which he or she is entitled;
(d) Party A and Party B shall have the right of first refusal to provide care for the children in the event that a baby sitter is required during a period of five (5) hours or longer during a period of physical custody;
(e) Party A and Party B shall exert every reasonable effort to maintain open communication between the children and the other parent and to foster a feeling of affection between the children and the other parent;
(f) Party A and Party B shall make reasonable efforts to consult with each other regarding their children’s education, illnesses, operations, and other matters of similar importance affecting the children, whose well-being, education, and development shall at all times be the paramount consideration of both parents;
(g) Neither Party A nor Party B will do anything that may estrange or alienate the children from the other party or to injure the children’s opinion as to their parent, or which may hamper the free and natural development of the children’s love and respect for both parents;
(h) Party A and Party B shall make a reasonable and diligent effort to keep the other parent informed of the children’s school programs and sporting events so as to afford the other parent an opportunity to attend and participate;
(i) Party A and Party B shall have access to the school and medical records of the children;
(j) Party A and Party B shall take all reasonable measures and precautions to not permit the children to be exposed to any illegal activity including but not limited to the use of illegal drugs, excessive alcohol consumption, secondhand cigarette smoke in his or her home or automobile, or sexual relationships and overnight visitation by an adult not related by blood or marriage being defined at after 10:00 p.m. or before 8:00 a.m.;
(k) Party A and Party B shall give each other at least 24 hours’ notice if he or she does not intend to exercise any scheduled or agreed upon physical custody time;
(l) If Party A or Party B does not give such a notice and is nowhere to be found at time when children are supposed to be handed over, the party who is nowhere to be found loses his or her right to his or her physical custody time, and the party whose physical custody the children are in shall retain physical custody during the other party’s scheduled physical custody time;
(m) If immediately before the scheduled time for the commencement of any swap in physical custody time, the children shall become ill, the party whose physical custody the children are in shall give twenty-four (24) hours’ notice, if possible, of such fact to the other party, so that reasonable and appropriate arrangements and plans may be made; and
(n) Party A and Party B shall have the safety of the children as a primary concern at all times and will take or make the necessary precautions when the children are with him or her to: (1) utilize proper child restraint seats or belts during automobile transportation; (2) refrain from immoral or offensive conduct or language; (3) refrain from driving after having consumed alcohol or while consuming alcohol or other mind altering substances; (4) place the children in life jackets, orange vests and other safety clothing when hunting, swimming, fishing or engaging in other recreational activities; (5) refrain from allowing the children to ride in any vehicle, including ATVs, boats or other motorized machine with anyone who has consumed any alcohol or other mind altering substance; (6) make sure that the children are properly supervised at all times; and (7) ensure that the children attend all scheduled classes at school unless the children are sick or have an unavoidable obligation.
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Entry 12: by Brittani Kendrick
Brittani Kendrick
October 31, 2009
50/50 Shared Parenting Schedule
Residential parent
[Name of Parent] will be the residential parent. This means that the address of this parent will be used for school records, medical records, etc. This parent’s location will be the child’s primary residence. Both parents will have joint physical and legal custody, care, finances, and education of the minor child, [name of minor child(ren)], until the child(ren) reaches the age of 18 years, or until further order from a court.
Parenting time
Parenting schedule for the minor child(ren) [name of minor child(ren)] is as follows:
The minor child will reside with the residential parent Monday, Tuesday, Thursday, Saturday and Sunday nights. The minor child will resident with the non residential parent Wednesday and Friday nights. The non residential parent will have the child from the time child gets out of school until dropping the child off at school the next morning on Wednesdays. On Fridays, the non residential parent will pick the child up from school and return the child to the residential parent by noon on Saturdays. Every other weekend the child will reside the entire weekend with the non residential parent from point of getting out of school until being dropped off for school Monday mornings.
The summer months will be shared equally with each parent having six weeks with the minor child.
All holidays will be shared equally among the parents. Each parent will get half the day on each holiday with the minor child. During holiday breaks from school, each child will spend those times equally with the child.
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Entry 13: by Maureen McDonald
Child Custody and Visitation Agreement
The parties, Mom and Dad, agree that they shall have joint legal and physical custody of the minor child(ren), Junior. In recognition of the need for stability in children’s lives, actual physical custody shall alternate from semester to semester with weekend visitation every other weekend and with summer and winter breaks and holidays being shared equally as set forth herein.
In even numbered years, the school year with Junior will be divided as follows:
1) Mom will have primary custody of Junior from the weekend before the start of the Fall semester until the final day of class in December.
2) Dad will have custody of Junior every other weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday during the Fall semester in which Mom has primary custody.
3) Dad will have primary custody of Junior from the weekend before the start of the Spring semester until the final day of class of the Spring semester.
4) Mom will have custody of Junior every other weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday during the Spring semester in which Dad has primary custody.
In even numbered years, holidays with Junior will be divided as follows:
1) Dad will have Junior on both Labor Day and Columbus Day weekends from 6 p.m. on Friday until 6:00 p.m. on Monday.
2) The Thanksgiving holidays shall be shared as agreed upon with each party giving deference to established family traditions. If a mutual decision regarding division of the holidays cannot be reached, Mom will have Junior from 6:00 p.m. Sunday until 2:00 p.m. Thursday while Dad will have Junior from 2:00 p.m. Thursday until 6:00 p.m. Sunday.
3) The Winter holidays shall be shared as agreed upon with each party giving deference to established family traditions for Christmas and New Years. If a mutual decision regarding division of the holidays cannot be reached, Dad will have Junior from the beginning of the break until 2:00 p.m. on Christmas Eve. Mom will then have Junior from 2:00 p.m. on Christmas Eve until 2:00 p.m. on Christmas Day. Dad will have Junior from 2:00 p.m. on Christmas Day until 6:00 p.m. on December 31. Mom will then have Junior for the remainder of the holiday break until 6:00 p.m. on the Saturday prior to the start of the Spring semester.
4) Mom will have Junior for Martin Luther King Jr. Day and Spring Break.
5) The Easter holidays shall be shared as agreed upon with each party giving deference to established family traditions. If a mutual decision regarding division of the holidays cannot be reached, Mom will have Junior from 6:00 p.m. on Good Friday until 1:00 p.m. Easter Sunday. Dad will have Junior beginning at 1:00 p.m. on Easter Sunday and continuing into the normal schedule for the semester.
6) The Summer holidays will be divided evenly with Mom and Dad alternating custody in two week intervals with Mom’s first two week interval beginning at 6:00 p.m. on the Sunday following the end of the Spring semester.
In odd numbered years, the school year with Junior will be divided as follows:
1) Dad will have primary custody of Junior from the weekend before the start of the Fall semester until the final day of class in December.
2) Mom will have custody of Junior every other weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday during the Fall semester in which Mom has primary custody.
3) Mom will have primary custody of Junior from the weekend before the start of the Spring semester until the final day of class of the Spring semester.
4) Dad will have custody of Junior every other weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday during the Spring semester in which Dad has primary custody.
In odd numbered years, holidays with Junior will be divided as follows:
1) Mom will have Junior on both Labor Day and Columbus Day weekends from 6 p.m. on Friday until 6:00 p.m. on Monday.
2) The Thanksgiving holidays shall be shared as agreed upon with each party giving deference to established family traditions. If a mutual decision regarding division of the holidays cannot be reached, Dad will have Junior from 6:00 p.m. Sunday until 2:00 p.m. Thursday while Mom will have Junior from 2:00 p.m. Thursday until 6:00 p.m. Sunday.
3) The Winter holidays shall be shared as agreed upon with each party giving deference to established family traditions for Christmas and New Years. If a mutual decision regarding division of the holidays cannot be reached, Mom will have Junior from the beginning of the break until 2:00 p.m. on Christmas Eve. Dad will then have Junior from 2:00 p.m. on Christmas Eve until 2:00 p.m. on Christmas Day. Mom will have Junior from 2:00 p.m. on Christmas Day until 6:00 p.m. on December 31. Dad will then have Junior for the remainder of the holiday break until 6:00 p.m. on the Saturday prior to the start of the Spring semester.
4) Dad will have Junior for Martin Luther King Jr. Day and Spring Break.
5) The Easter holidays shall be shared as agreed upon with each party giving deference to established family traditions. If a mutual decision regarding division of the holidays cannot be reached, Dad will have Junior from 6:00 p.m. on Good Friday until 1:00 p.m. Easter Sunday. Mom will have Junior beginning at 1:00 p.m. on Easter Sunday and continuing into the normal schedule for the semester.
6) The Summer holidays will be divided evenly with Mom and Dad alternating custody in two week intervals with Dad’s first two week interval beginning at 6:00 p.m. on the Sunday following the end of the Spring semester.
In all years:
1) Junior will spend Mother’s Day with Mom and Father’s Day with Dad.
2) Each parent will have custody of Junior on their own birthday.
3) Celebration of Junior’s birthday shall be shared as mutually agreed upon by Mom and Dad. If an agreement cannot be reached, then Mom will have Junior from 6:00 p.m. on the night prior to Junior’s birthday until 12:00 p.m. on Junior’s birthday. Dad will then have Junior from 12:00 p.m. on Junior’s birthday until 6:00 p.m. the next day.
As regards the general care and well being of Junior:
1) Mom and Dad shall exert every reasonable effort to maintain open communication between Junior and the other parent and to foster a feeling of affection between said child and the other parent, and the parties shall make reasonable efforts to consult with each other regarding the child's education, illnesses, operations, and other matters of similar importance affecting said child, whose well-being, education, and development shall at all times be the paramount consideration of both parents.
2) Neither party will do anything that may estrange or alienate the minor child from the other party or to injure the minor child's opinion as to her parents, or which may hamper the free and natural development of the child’s love and respect for both parents.
3) Each party shall make a reasonable and diligent effort to keep the other parent informed of the child’s school programs and sporting events so as to afford the other parent an opportunity to attend and participate.
4) Each party shall have access to the school and medical records of the child.
5) Mom and Dad shall have the right of first refusal to provide care for the child in the event that a baby sitter is required during a period of five (5) hours or longer during a period of custody.
6) Neither party shall permit the child to be exposed to the use of illegal drugs, excessive alcohol, secondhand cigarette smoke in his or her home or automobile, adulterous relationships and overnight visitation by a member of the opposite sex not related by blood or marriage being defined at after 10:00 p.m. or before 8:00 a.m.
7) Neither party shall speak negatively about the other parent or to procure or allow such comments from others while in the presence of the child.
The parties may make exceptions and alterations to this schedule as mutually agreeable, but any modification intended to be permanent must be in the form of a court order.
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After several rounds of judging, the scores are in and the winning entry has been selected. Congratulations to Joseph Paul Wallace from the University of Mississippi School of Law! Joseph is the recipient of the grand prize of $1,000.00. Honorable Mentions go to Victoria McDonald of Mississippi College School of Law and Hays Burchfield of the University of Mississippi School of Law.
