Custody Court Form

STIPULATION FOR CHANGE OF CUSTODY AND ORDER

WHEREAS, the parties have been divorced by decree entered ; and

WHEREAS, is now living with Respondent by agreement of the parties; and

WHEREAS, the parties desire to continue to help their son/daughter, , adjust and grow in a relationship with both his parents; and

WHEREAS, the parties' minor child, , born , remains in the physical custody of Petitioner; and

WHEREAS, the child support issue is now before the Court due to the split physical custody of the parties' two minor children;

WHEREAS the parties have agreed that Respondent shall pay to Petitioner for the support of the minor child the sum of $ per month;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto, subject to the approval of the Court, as follows:

I. That on the parties entered into a stipulation under which they agreed to modify the custody provisions of the original Judgment and Decree. That the Judgment and Decree entered , 20, shall be opened and paragraphs two, three and four of the Conclusions of Law shall be vacated, reopened, and amended to read as follows:

"2. Petitioner and Respondent are awarded the joint legal custody of their minor children, namely , born , and , born . Petitioner shall continue to have the physical care and custody of , born . Effective , Respondent shall have physical custody of the minor child, , born . The custodial parent who does not have physical care and custody, or with whom the child does not reside primarily, shall have the right to reasonable and liberal monthly visitation with such child, on a basis substantially the same as which has occurred over the recent past.

It is understood by both parents that a major purpose of this joint legal custodial arrangement is to encourage private resolution of conflicts in the best interests of the children. Neither parent shall do any act which will estrange the children from the other parent or perform any act which will hamper the natural development of love and affection which the children have for each parent.

In the event of serious illness or injury, the first parent learning of such illness or injury will notify the other parent so that they may consult with each other in order to determine the appropriate course of treatment. The parties shall consult with each other on substantial questions relating to religious upbringing, educational programs, and non-emergency health care of the children.

In the event the parents are unable to resolve any conflict, they agree to seek professional counseling from a qualified professional counselor acceptable to both parties. If the parties are unable to agree on a family counselor to conduct the arbitration, each of them shall choose a qualified family counselor who in turn will choose a third qualified family counselor to conduct the arbitration. The costs of arbitration, if any, shall be borne equally by the parties."

"The parties expressly agree that in the unlikely event that a Court is called upon to decide custody issues, that the court will apply the legal criteria in M.S.A. 518.17 as opposed to 518.18."

"3. Respondent shall pay to the Petitioner, as and for child support for the minor child, , the sum of $ per month, payable in two equal installments on the first (1st) and fifteenth (15th) days of each month, commencing , 20, and continuing at that rate until reaches the age of eighteen (18) years or graduates from high school, whichever occurs later, unless emancipated at an earlier date through her marriage, death, entering the Armed Forces or other emancipation. Upon the happening of one of the foregoing events, Respondent's child support obligation to Petitioner as and for child support for shall terminate. Child support after the termination of support for is hereby reserved."

4. NOTICE: the attached Appendix A-1 is incorporated and made a part of this Judgment and Decree. The Appendix contains provisions regarding Income Withholding, M.S. 518.611, Cost-of-Living Adjustments, M.S. 518.641, Docketing of Judgments, M.S. 548.091, Insurance Required by M.S. 518.551, Subd. 8, and Family Court Rule 5.06."

II. In all other respects, the Judgment and Decree of this Court entered , shall remain unchanged.

III. Service of this Order by the attorney for the petitioner upon the attorney for the Respondent shall be due and proper service for all purposes.

Dated: