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Separation Agreement - Support Custody

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Separation Agreement - Support Custody Powered By Docstoc
					This is an agreement between a husband and wife that intend to end their marriage and
separate permanently. This agreement specifies the custody rights of the parents over
their children. One parent is designated as the custodial parent and will have a majority
of the custody of the children. The other parent will have visitation rights during
designated days and times of the week. This agreement can be used by married
couples that have children and want to reach an amicable custody agreement.
                     SEPARATION AGREEMENT
        WITH SUPPORT AND CUSTODY PROVISIONS
 This agreement is made this ______ day of ___________, 20___, [Instruction: insert
 date] between __________________ [Instruction: insert name of husband], residing
 at _________________________ [Instruction: insert address], here referred to as
 “Husband”, and _______________________ [Instruction: insert name of wife],
 residing at _______________________________________ [Instruction: insert
 address], here referred to as “Wife.”

                                     RECITALS

 Husband and Wife recite and declare that:

 They were married on the ______ day of ___________, ______ [Instruction: insert
 date] in ________________ [Instruction: insert Location and Address] and since
 have been and now are husband and wife.

 As the result of disputes and unhappy differences occurring and persisting between
 them, they have been separated and living apart since the ______ day of ___________,
 ______ [Instruction: insert date] or have agreed to an immediate and permanent
 separation.

 A proceeding for dissolution of marriage is now pending or will shortly be filed by
 _________________ [Instruction: insert party who initiated the divorce
 proceedings; either “Husband” or “Wife”] in __________________ [Instruction:
 insert court and location of court].

 ___________ [Instruction: insert number] children have been born to the parties of
 the marriage and are now living. They are listed as follows:

 _______________________________________                ______________
 Name                                                   Age

 _______________________________________                ______________
 Name                                                   Age

 _______________________________________                ______________
 Name                                                   Age

 _______________________________________                ______________
 Name                                                   Age




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     [Instruction: insert the names and ages of the children in the spaces provided.
     Delete unnecessary spaces or add additional spaces as needed.]

1.     _______________ [Instruction: insert either Husband or Wife] shall be the
       primary residential parent of the Child (“Custodian”).      _______________
       [Instruction: insert either Husband or Wife] shall be the non-custodial Parent
       (“Non-Custodial Parent”)

2.     Non-Custodial Parent shall have the right to visit the Child once each week, on
       either of the following days, between the following hours, respectively: (A) on
       ______________ [Instruction: insert day of the week] between
       _________________ [Instruction: insert starting hour] and ______________
       [Instruction: insert ending hour] or ______________ [Instruction: insert
       alternate starting hour] and ______________ [Instruction: insert alternate
       ending hour]; or (B) on ______________ [Instruction: insert day of the week]
       between _________________ [Instruction: insert starting hour] and
       ______________ [Instruction: insert ending hour] or ______________
       [Instruction: insert alternate starting hour] and ______________ [Instruction:
       insert alternate ending hour]. Further Parties agree to the schedule “Visitation
       Schedule” attached hereto.

[Instruction: this section may be amended to accurately reflect the agreement of the
parties]

3.     Parties agree that the Non-Custodial Parent will notify the Custodian on or before
       ___________________________ [Instruction: insert day of the week and time of
       day] whether the Non-Custodial Parent intends to visit the Child and on which of the
       designated days and times. Should any day or hour selected causes inconvenience,
       the Custodian will notify the Non-Custodial Parent no later than
       ___________________________ [Instruction: insert day of the week and time of
       day], and the Non-Custodial Parent shall be permitted to visit the Child the alternate
       day or during the alternate hours.

[Instruction: this section may be amended to accurately reflect the agreement of the
parties]

4.     Both Parties agree, that the Non-Custodial Parent shall have the right to converse at
       least ___ [Instruction: insert number; e.g. “3”] times a week on the telephone with
       the Child without interference from the Custodian.

[Instruction: this section is optional and may be amended]

5.     Parties agree that Parties shall alternate custody of the children on each of the
       children's birthdays, parent's birthdays, New Year's Day, Fourth of July,
       Thanksgiving Day, and Easter Sunday. Parties shall split custody of the children on
       Christmas Day.

[Instruction: this section is optional and may be amended]


© Copyright 2012 Docstoc Inc.                                                              3
6.   The natural mother shall have custody of the children on Mother's Day and that the
     natural father shall have custody of Father's Day.

[Instruction: this section is optional and may be amended]

7.   Non-Custodial Parent shall have the right to receive full and complete information
     and copies of reports from any physician, dentist, consultant or specialist attending
     to the children's physical or mental needs for any reason whatsoever. The Custodian
     shall promptly inform the Non-Custodial Parent in the event of illness of the Child.
     The word "illness" shall be mean any illness, other than any illness from which the
     Child is now suffering, which shall confine the Child to bed for more than two days.

8.   On all matters of importance relating to the Child's health and education, the
     Custodian shall consult and confer with the Non-Custodial Parent, with a view to
     adopting and following a harmonious policy. Further Parties agree that Custodian
     shall have the responsibility for day-to-day parenting decisions, including vacation
     and holiday parenting. Such parental day-to-day decisions include treatment of
     minor health problems and injuries, diet, television, house rules and discipline,
     bedtime, etc. Both parents will ensure that school books, book bag, lunch and sports
     equipment will be given to her/him/them when she/he/they visit the other parent

9.   On all other significant matters involving the Child, Parties agree to consult with
     each other always taking account of the Child's best interests.

10. If Custodian is unable to take care of our Child for any plausible reason; Custodian
    shall notify the Non-Custodial Parent so that Non-Custodial Parent has the option of
    providing for the personal care of the Child rather than a third Party.

11. Neither Party shall do anything which may estrange the Child from the other.

12. In the event of a major dispute or change in circumstances regarding the terms of
    this Agreement, Parties agree to return to mediation in an attempt to modify the
    terms and provisions either through a court appointed mediator or a private mediator
    of their choice before bringing any action before the court.




                          [SIGNATURE PAGE TO FOLLOW]


© Copyright 2012 Docstoc Inc.                                                           4
Subscribed before me this ___ day of _________, 20___




___________________________

NOTARY PUBLIC




________________________________________ Date: ______________
Signature of Wife



________________________________________
[Instruction: Insert Wife's Typed Name]


________________________________________ Date: ______________
Signature of Husband

________________________________________
[Instruction: Insert Husband's Typed Name]




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                                   Visitation Schedule

The Non-Custodial Parent will have visitation with the Child according to the following
schedule:
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________

____ The Non-Custodial Parent will have visitation with the Child on the following days:

____ Child's birthday
____ Parent's birthday
School breaks (list):
____ __________________
____ __________________
____ __________________
____ __________________
____ New Year's Day
____ Valentine's Day
____ Passover
____ Easter
____ Memorial Day
____ Fourth of July
____ Labor Day
____ Thanksgiving
____ Hanukkah
____ Christmas Eve
____ Christmas Day
____ Kwanzaa
Other religious holidays (list):
____ __________________
____ __________________
____ __________________
____ __________________
Other special days (list):
____ __________________
____ __________________




© Copyright 2012 Docstoc Inc.                                                          6

				
DOCUMENT INFO
Description: This is an agreement between a husband and wife that intend to end their marriage and separate permanently. This agreement specifies the custody rights of the parents over their children. One parent is designated as the custodial parent and will have a majority of the custody of the children. The other parent will have visitation rights during designated days and times of the week. This agreement can be used by married couples that have children and want to reach an amicable custody agreement.
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This document is also part of a package Child Custody Guide and Forms 5 Documents Included