Fill and Sign the Mn Visitation Rights Form

GUIDE TO CUSTODY AND VISITATION RIGHTS CLAUSES INDEPENDENT COUNSEL . The Petitioner and Respondent are each represented by separate legal counsel who have advised them during the course of this proceeding. CUSTODY AND VISITATION . The physical custody of the minor child ren, namely: born , age , Social Security No. ; and shall be awarded to the , subject to the right of reasonable visitation by the . Visitation shall include the following: a. Alternate weekends b. Weekday visits c. Holidays d. Vacations LEGAL CUSTODY . legal custody of the minor child ren and that shall include the following considerations: c. Both parties shall have the right to inspect and receive the child ren's medical and dental records and the right to consult with any treating - 1 - physician or dentist of the child ren. d. Both parties shall have the right to consult with school officials concerning the child ren's welfare and educational status and the right to inspect and receive student records. e. Both parties shall have the right to receive or have forwarded promptly from the appropriate parent or school, copies of all school reports, calendar of school events, notice of parent-teacher conferences and school programs. f. In the event of accident or sudden illness or other emergency affecting a child, the parent with the child at the time shall have authority to act in the child's best interest including the right to authorize emergency medical, surgical, hospital, dental, institutional or psychiatric care, and shall notify the other parent as soon as possible under the circumstances. MEDIATION . Any claim or controversy arising under this Agreement involving custody or visitation which cannot be resolved by the parties through direct communication without mediation, shall be promptly submitted to mediation. a. Definition of Mediation. Mediation is a voluntary process entered into by the parties. In this process, the parties continue direct communication but with the assistance of a neutral person who is the mediator, which mediator has no authority to require any concession or agreements. A good faith effort shall be made to resolve any claim or controversy arising between the parties. b. Selection of Mediator. The mediator shall be named by mutual agreement of the parties or by obtaining a list of five qualified persons and by alternately striking names. c. Duties and Responsibilities of Mediator. The mediator shall have the duty and responsibility to assist the parties in resolving all issues submitted for mediation. d. Duties of Parties. Both parties shall cooperate and operate in good faith to resolve the matter(s) in dispute with the assistance of the mediator. e. Payment of Costs. Both parties shall share the mediator's fees and - 2 - disbursements equally unless they mutually agree otherwise. The mediator shall provide the parties with his/her fee and disbursement schedule in advance of mediation. f. Confidentiality and Privilege. Within the limits of the law, the mediator will accord confidentiality and privilege to all communications with the parties. g. Restrictions. The mediator shall not participate as a witness, collateral contact or attorney in a custody or visitation study or inquiry involving either party. Further, neither party may ever call the mediator as a witness to testify in any proceeding involving their child ren or the subject matter of the mediation. h. Compromise or Offers of Compromise During Mediation or Arbitration. State statute shall be applicable throughout the entire process of mediation. i. Applicability of Dispute Settlement Procedures. The above procedure(s) shall apply to any claims or controversies regarding custody and visitation. j. Exhaustion of Remedies. The above procedure shall be followed before either party may apply to the Court for relief. CHILD SUPPORT . The shall pay to the as and for the care and support of the minor child ren of the parties the sum of $ _________ per month, payable in equal installments on the first (1st) and fifteenth (15th) days of each and every month commencing . Child support shall continue until each of the minor - 3 - child ren reaches the age of 18, or graduates from high school, whichever occurs later, but in no event beyond age 20; dies or is otherwise emancipated. APPENDIX A . The attached Appendix A is incorporated and made a part of this Order or Judgment. The appendix includes provisions regarding Automatic Income Withholding pursuant to M.S. §518.613; Non-Automatic Income Withholding pursuant to M.S. §518.611; Family Court Rule 303.06; Cost-of-Living Adjustments pursuant to M.S. §518.641; Payments to Public Agency pursuant to M.S. §518.551; Docketing of Judgments for Child Support Arrearages pursuant to M.S. §548.091; Docketing of Judgment for Maintenance Arrearages pursuant to M.S. §548.091; Change of Address pursuant to M.S. §518.55; Medical Insurance and Expenses; Deprivation of Custodial or Parental Rights pursuant to M.S. §609.26; Notice of Certain Parental Rights pursuant to M.S. §518.17; Notice of Capital Gains Tax. FINANCIAL CIRCUMSTANCES . The financial circumstances upon which this Agreement is based are as follows: a. The Petitioner is employed time and earns $ _________ . The Petitioner claims reasonable living expenses for herself/himself and the minor child ren in the amount of $ _________ per month. b. The Respondent is employed time and earns $ _________ . The Respondent claims reasonable living expenses for herself/himself and the minor child ren in the amount of $ _________ - 4 - per month. ARREARS. The parties agree that there should be no disposition of the arrearages that may exist under the Order for Temporary Relief dated but that said matter should be reserved until further motion by either of the parties. However, said motion concerning said arrearages shall be filed within one year of the entry of the Judgment and Decree herein. MEDICAL HOSPITALIZATION AND DENTAL INSURANCE FOR THE MINOR CHILD REN . (As and for additional child support) the shall maintain in full force and effect, for the benefit of the minor child ren of the parties, the medical, hospitalization and dental insurance which is presently available to the through employer. The parties shall equally share all uninsured medical, hospitalization, dental and orthodontic expenses incurred on behalf of the minor child ren. Said expenses shall be paid equally by the parties as they become due and payable. LIFE INSURANCE . The Petitioner shall maintain in full force and effect for the benefit of the - 5 - minor child ren and to secure the payment of child support, the life insurance has through policy number ______________ . The death benefits shall be payable to the other party or a trust for the benefit of the minor child ren, as irrevocable beneficiaries. The parties shall, at the request of the other party, furnish proof of compliance with this provision. If, for any reason, the insurance coverage as required herein shall not have been maintained and kept in full force and effect, the proceeds and death benefits which would otherwise have been actually paid for the benefit of the minor child ren of the parties as beneficiaries shall constitute a charge against the estate of the deceased party and shall be paid in full from the assets thereof. FUTURE INTERPRETATION . Paragraph headings are for convenience only. They are not part of the Agreement of the parties and shall not be used in the construction thereof. ATTORNEY'S FEES AND COSTS . Each of the parties shall be responsible for his or her own attorney's fees, costs and disbursements incurred in this proceeding. RELEASE OF ATTORNEYS . The parties agree that ninety-one days after entry of the Judgment and Decree, each of their attorneys shall be released from continued representation of them in connection with this proceeding. SERVICE OF PROCESS . The parties consent and agree that service of a copy of the Judgment and Decree upon the attorney for one party by the attorney for the other party by U.S. Mail shall constitute due and proper service of the Judgment and Decree upon them and proof thereof for all - 6 - purposes. WAIVER OF AUTOMATIC STAY. Rule 125 automatic stay of entry of Judgment is waived and Judgment is to be entered immediately. - 7 -