Complaint for Custody by a Third Party

JOINT PARENTING AGREEMENT

as "Mother" and hereafter referred to hereafter referred to as "Father" consider it in the best interest of their minor children to settle issue of custody as to:

Mother and Father voluntarily agree as to the following:

1. Joint Custody. Both parents are fit and proper persons to have the care, custody, and control of the children. We agree to joint custody, also known as shared parenting.

2. Joint Decisions. We agree that the maximum involvement and cooperation of both parents is required and is in the children's best interests, and accordingly we shall actively participate in raising and guiding the children and to share all information and jointly decide all important matters concerning the children.

3. Access to Records and Information. We agree to sign the necessary forms for school information, records, grade reports; and for medical, dental, ocular and psychological reports. We ask that school and medical, dental, ocular, and psychological evaluations be sent to both parents; and shall cooperate in advising the school, and medical, dental, ocular and psychological providers to notify the other parent of programs open to parents. Notwithstanding any other provisions of law, we agree that access to records and information pertaining to any of the children, including but not limited to medical, dental, ocular, psychological, child care and school records, shall not be denied to either parent for the reason that such parent is not the children's custodial parent.

4. Emergencies and Medications. In case of emergency, where time does not allow consultation with the other parent, the parent with the physical custody of the child shall take whatever emergency action is necessary to meet the health care or other need. As soon as possible thereafter, the parent making such an emergency decision will advise the other parent of the same. We agree to inform each other of any medical or health problems which may have arisen while either of us has custody of the children. We shall provide each other with any medications which the child is taking at the time of transfer of custody and with sufficient information to allow the parent assuming physical custody to obtain refills of that medication.

5. Primary Residence. We agree that the children's primary residence and legal residence (for purposes of schooling and other such matters where it is necessary for the children to have a legal residence) shall be the residence of:

We further agree that joint parenting is best facilitated by close proximity of both parents to the children so as to maximize the children's time with both parents. Therefore, we agree that shall not change the primary and legal residence from the school district unless the parties agree in writing. Any request for change shall be decided in accordance with the following provisions relating to dispute resolutions.

6. Removal of Children from the State of Illinois. Neither party may remove the children from the State of Illinois without permission of the Court, except that either party may do so for a period of time not more than 16 consecutive days, consistent with the following paragraphs 7, 8 and 10.

7. Physical Custody. We agree that the child shall reside with but that shall have physical custody of the child as often as practical in view of the work schedules of both parents. We will attempt to agree in advance on the dates and times that the children shall be with each parent, and who will provide transportation. However, if we are unable to agree, the following schedule shall take effect immediately upon written notification to the other parent. Thereafter the following schedule shall be utilized at all times except when the parties agree in writing to vary said schedule.

8. Schedule to be utilized when Invoked in Writing. shall have physical custody of the children from on alternating weekends beginning with the weekend following written invocation of the schedule.

Holiday and Special Days. shall have physical custody on the following holidays and special days:

Even Numbered Years

• Martin Luther King Day
• Casimir Pulaski Day
• Easter Sunday & Monday
• Labor Day
• Veteran's Day
• Christmas Eve Day
• Christmas Vacation (from January 1 until the evening before resumption of school)
• Birthday of

(All children to be in physical custody of parent celebrating the birthday of the child in question. Note: If more than one child, consider alternating years.)

Odd Numbered Years

• Lincoln's Birthday
• Good Friday & Easter Saturday Memorial Day
• Columbus Day
• Thanksgiving Thursday & Friday
• Christmas Vacation (Christmas Day & the next 6 days to December 31 evening)

On holidays, birthdays, Mother's Day and Father's Day physical custody of the children shall begin at A.M. and end at P.M. During Easter, Christmas Vacation and Thanksgiving physical custody shall begin at A.M. of the first day and end at P.M. of the last day. If a holiday or special day precedes or follows weekend physical custody (non-custodial parent) may keep the children in their care overnight between the holiday or special day and the weekend physical custody period. Holiday and special days shall prevail over weekends and weekday physical custody, and no make-up days shall be allowed. The children shall be with the parent on the parents respective birthdays and on Father's Day and Mother's Day respectively, and those days shall prevail over all other days.

9. Transportation. shall transport the children to the residence of at the beginning time for all physical custody, and shall return the children to the residence of at the termination of all physical custody.

10. Summer Vacation. During the children's Summer vacation shall have physical custody from 6:00 P.M. on the 7th day following the last school day of Spring Semester to 6:00 P.M. on the 7th day prior to first day of school in the Fall Semester. While the children are with during summer vacation shall be entitled to alternating weekends of physical custody from 6:00 P.M. Friday to 9:00 P.M. Sunday, beginning the third weekend following the last day of school. Each parent shall give the other written notice of 16 consecutive days that they desire to have physical custody of the children for the purpose of being with the children during their work vacation. Said written notice shall be received by the other parent no later than may 1 of each year. In odd numbered years Is selection shall prevail over all physical custody times of the other parent. In even numbered years is selection shall prevail.

11. Telephone Communication and Photographs. When the children are in the physical custody of a parent, the other parent shall be allowed to communicate with the children by telephone and the children shall be allowed to call and receive phone calls at all reasonable times. The parent making the call to the children is to pay for the call. If the children call, they shall call collect. The children must be allowed to display photos of both parents in the homes of both parents and shall be encouraged to do so.

12. Parental Notice. Each parent agrees to keep the other informed as to the exact place where each of them resides, the phone numbers of their homes and places of employment, and if either parent travels out-of-town for any period of more than (3) days then such person shall notify the other of his or her destination and shall provide a phone number where he or she can be reached.

13. Child Endangerment Prohibition. Both parents agree that at all times when the children are under their physical care, each shall refrain from placing the children in an environment or exposing the children to activities that may endanger the children's physical, mental, emotional or moral well-being. Both parents agree to avoid controlled substances or excessive use of alcoholic beverages or prescription medication when the minor children are in their physical custody.

14. Mandatory Parental Behavior. The parents affirm by their signatures to this agreement that they have read attachment to this Joint Parenting Agreement entitled "Mandatory Behavior for Divorced Parents Concerning Physical Custody and Visitation" and that they will make their best efforts to behave accordingly.

15. Dispute Resolution, Change of Circumstances and Periodic Review. The parents acknowledge that they are attempting to resolve their differences through-the use of this joint parenting agreement and they recognize that the details herein may require future adjustments and changes to reflect the children's best interest.

The parents also recognize that this joint parenting agreement is a dynamic concept subject to re-evaluation and change based upon a substantial change in circumstances of a parent or child. To determine whether different arrangements might better suit future circumstances, the parents hereby agree and stipulate:

a) This agreement shall be reviewed jointly by us at least on an annual basis.

b) That in the event the parents cannot agree as to a vital non-emergency decision affecting the welfare of the children the Circuit Court of Monroe County shall retain continuing jurisdiction to adjudicate any disputed issue. The parties agree, however, that if any conflicts arise between the parents as to any of the provisions of this Joint Parenting Agreement or the implementation thereof, that the complaining parent shall first notify the other parent of the nature of the complaint and both parents shall make reasonable attempts to negotiate a settlement of the conflict.

Wherever practicable under the circumstances complaints shall be made in writing and given to or mailed to the other parent. Complaints shall include suggestions for resolutions to the issues raised. The parent receiving the complaint shall respond in writing. The response shall indicate what issues are agreed to and make suggestions for resolution of the remaining issues.

If the parties are unable to resolve their conflict within a reasonable period of time the parties must submit any such disputed issue or conflict for resolution to an impartial mediator, mutually agreed upon, before applying to the Court for relief as to all matters which do not involve serious endangerment of the child's physical, mental, moral or emotional health. In the event the parties cannot agree as to the mediator, or if the mediation is unsuccessful, or if an immediate and serious endangerment is alleged, a court proceeding may be filed by either party.

If the parties choose an impartial mediator they shall attempt to agree to the proportions each shall pay for the mediation services. If the mediation is unsuccessful, the cost of the mediator may be included in a petition for fees and costs in connection with the court proceeding. (Mediation services are available at Monroe County Human Support Services, Waterloo, and at nearby communities.)

c) Until the conflict is resolved (either by agreement or judicial ruling) the parent exercising physical custody shall continue to make such day-to-day decisions as may be necessary to protect the best interests of the children, but shall take no action with reference to the area in dispute which would prejudice or take unfair advantage of the other party.

We submit the foregoing Joint Parenting Agreement for this Court's approval and incorporation in the Order or Judgment entered herein.

APPROVED
Circuit Judge