Custody Stipulation Agreement

Custody Stipulation Agreement

This Custody Stipulation Agreement (Agreement) is entered into on this by and between Petitioner / Party A: and Respondent / Party B: .

This Agreement is made in connection with the action pending in , County of , Case Number: , Judge: .

RECITALS

WHEREAS, the parties are the parents of the following minor children:

WHEREAS, the parties desire to settle between themselves the issues of custody, parental responsibility, parenting time and related matters concerning the children listed above, and to present this Stipulation to the Court for its approval; and

WHEREAS, both parties represent that the terms contained herein are in the best interests of the children and that they enter into this Agreement voluntarily, without coercion, and with full understanding of their rights;

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, "Legal Custody" means the authority to make major decisions regarding the child's health, education, religion and welfare. "Physical Custody" (parenting time) refers to the child's residence and day-to-day care. "Parenting Schedule" means the calendar of regular and holiday parenting time set forth below.

2. ALLOCATION OF LEGAL CUSTODY

The parties hereby stipulate to the following allocation of legal custody:

Joint legal custody — both parents shall share the rights and responsibilities of making major decisions regarding the children's health, education and welfare, and shall confer in good faith prior to making such decisions.

Sole legal custody to: — the custodial parent shall have the authority to make major decisions absent an emergency or unless otherwise provided in this Agreement.

3. PHYSICAL CUSTODY / PARENTING TIME

The parties agree to the following parenting time schedule. The schedule shall be implemented in a manner consistent with the children's best interests:

The parties shall exchange the children at the following location(s):

4. DECISION-MAKING AUTHORITY

Decisions regarding routine matters shall be made by the parent with physical custody at the time those matters arise. For major decisions, parents with joint legal custody shall consult and confer in good faith. In the event the parents cannot reach agreement on a major decision after reasonable consultation, the dispute shall be resolved as set forth in the Dispute Resolution section below.

5. HEALTH, EDUCATION AND EMERGENCY MEDICAL CARE

Each parent shall have access to the children's medical and educational records. Either parent may authorize emergency medical care if necessary to protect the health or safety of a child and shall notify the other parent as soon as practicable. Routine non-emergency medical decisions shall be made in accordance with the decision-making allocation in Section 4.

6. SCHOOLING AND EXTRACURRICULAR ACTIVITIES

The parties agree to consult about the children's educational needs and extracurricular activities. Enrollment decisions and changes in the children's school or significant extracurricular commitments shall be made consistent with the allocation of decision-making authority in this Agreement.

7. CHILD SUPPORT AND EXPENSES

The parties acknowledge that child support, if any, may be determined separately by agreement or Court order. The parties agree to share reasonable unreimbursed medical, dental, educational and childcare expenses as follows:

Allocation of uncovered expenses:

8. RELOCATION

Neither party shall relocate the children's primary residence outside a radius of without providing the other party written notice at least days prior to relocation and obtaining either written consent or a Court order permitting relocation.

9. DISPUTE RESOLUTION

In the event of a dispute concerning interpretation or implementation of this Agreement, the parties agree to attempt to resolve the matter by good faith negotiation. If negotiation fails, the parties shall submit the dispute to non-binding mediation before filing any motion with the Court, except where immediate injunctive or emergency relief is required.

10. MODIFICATION AND ENFORCEMENT

This Agreement may be modified only by a written agreement signed by both parties and approved by the Court, or by Court order. Either party may seek enforcement of this Agreement through the appropriate Court procedures. The prevailing party in any enforcement action may be entitled to recover reasonable attorney's fees and costs as provided by law or by Court order.

11. ATTORNEY REPRESENTATION

Each party acknowledges that they have had the opportunity to consult with independent counsel and that they enter into this Agreement knowingly and voluntarily. The parties further acknowledge that no promise or representation has been made except those expressly set forth in this Agreement.

12. NOTICES

All notices required or permitted under this Agreement shall be in writing and shall be delivered personally, by certified mail (return receipt requested), or by a commercial courier service to the addresses below or to such other address as a party may provide in writing.

13. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles.

14. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the matters set forth herein and supersedes all prior agreements and understandings, whether written or oral, relating to custody and parenting time of the children.

15. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable by a Court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be interpreted so as to give maximum effect to the parties' intent.

16. AMENDMENT; WAIVER; COUNTERPARTS

This Agreement may be amended only by a written instrument signed by both parties and approved by the Court. No waiver of any provision shall be effective unless in writing and signed by the party against whom enforcement is sought. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

17. REPRESENTATIONS

Each party represents and warrants that they are competent to enter into this Agreement, that they have disclosed all material information concerning the children's health and welfare, and that entering into this Agreement is in the best interests of the children.

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