Child Custody Parenting Time Modification Stipulation

Child Custody Parenting Time Modification Stipulation

This Stipulation for Modification of Child Custody and Parenting Time (the "Stipulation") is entered into on this by and between Parent A: and Parent B: , in the matter of case number: pending in the .

The parties are the parents of the following minor child(ren): DOB:

Recitals

WHEREAS, a prior custody and parenting time order was entered on in case number (the "Prior Order");

WHEREAS, the parties desire to modify the Prior Order with respect to physical custody and parenting time to reflect changes in their circumstances and to serve the best interests of the minor child(ren); and

WHEREAS, the parties agree that the modifications set forth below are fair, reasonable and in the best interests of the minor child(ren) and request the Court to adopt this Stipulation as an order of the Court.

Now Therefore

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and intending to be legally bound, the parties stipulate and agree as follows:

1. Modified Custody and Decision-Making

1.1 Legal Custody: The parties agree that legal custody of the minor child(ren) shall be Joint legal custody Primary legal custody to Parent A Primary legal custody to Parent B. When joint legal custody is selected, major decisions regarding education, health care, and religion shall be made by mutual agreement; if agreement cannot be reached, the disputed issue shall be resolved by mediation as provided in Section 7.

1.2 Physical Custody: The physical custody arrangement set forth in the Prior Order is modified as follows: Primary physical residence of the child(ren) shall be with .

2. Parenting Time Schedule

2.1 Regular Weekly Schedule: The noncustodial parent shall have parenting time as follows:

Weekday visitation: Every from to for pickup at .

Weekend visitation: Every at through at .

2.2 Exchanges: Exchanges shall occur at unless otherwise agreed in writing. The parent initiating pick-up shall arrive on time and remain with the child(ren) until release to the other parent.

3. Holidays and Special Days

3.1 Holiday Schedule: The parties agree to the holiday division set forth below. Specific holiday dates and start/end times shall be as follows:

Parent A shall have the child(ren) on:

Parent B shall have the child(ren) on:

4. Transportation and Expenses

4.1 Transportation: Responsibility for transportation to and from exchanges shall be as follows:

4.2 Expenses: Costs incurred in connection with parenting time (including reasonable travel expenses and unreimbursed medical costs for the child(ren)) shall be allocated as follows:

5. Communication and Access

5.1 Electronic Communication: Each parent shall permit reasonable telephone calls, video conferences and electronic communication between the child(ren) and the other parent during the other parent's parenting time. Details as agreed:

Phone/video schedule:

6. Make-up Time and Missed Visitation

If a parent willfully fails to exercise parenting time, the deprived parent may request compensatory make-up time. Make-up time shall be provided within and in a manner reasonably acceptable to both parties. Repeated, unjustified denials of parenting time may be submitted to the Court for enforcement.

7. Dispute Resolution

Prior to filing any motion with the Court concerning custody or parenting time arising from this Stipulation, the parties agree to attempt to resolve the dispute through good-faith mediation with a mutually acceptable mediator. If mediation is unsuccessful, either party may petition the Court for relief.

8. Enforcement and Attorneys' Fees

If either party brings an action to enforce this Stipulation, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs, and expenses as may be awarded by the Court.

9. Representation and Acknowledgments

Each party acknowledges that they have read this Stipulation, fully understand its terms, and enter into it voluntarily. Each party represents that this Stipulation is in the best interests of the child(ren). The parties further acknowledge that they have had the opportunity to consult with independent legal counsel and either have done so or knowingly elected not to obtain counsel.

10. Effective Date

This Stipulation shall become effective upon entry of an order by the Court adopting the terms herein, unless otherwise specified. The parties request that the Court incorporate this Stipulation into an order modifying the Prior Order effective .

Notices

Amendments, Waiver, Governing Law, Entire Agreement, Severability

Amendments: This Stipulation may be amended only by a written instrument executed by both parties and filed with the Court.

Waiver: The failure of either party to enforce any provision of this Stipulation shall not be construed as a waiver of that provision or any other provision.

Governing Law: This Stipulation shall be governed by and construed in accordance with the laws of the state in which the Court is located.

Entire Agreement: This Stipulation constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, whether written or oral, relating to the same subject matter.

Severability: If any provision of this Stipulation is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue in full force and effect.

Counterparts and Filing

This Stipulation may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. The parties agree to submit this Stipulation to the Court and request entry of an order adopting its terms.

Additional Terms

Sign Now