THIS AGREEMENT, made and entered into this ___ day of ___________, 20__, by and between JOHN DOE hereinafter referred to as “husband”, and JANE DOE, hereinafter referred to as “wife”, is intended by the parties to be a Joint Parenting Agreement, as contemplated by, and provided for in, (insert statutory authority or rule), as further provided for in that Section,
WHEREAS, the parties agree that they shall have and enjoy joint legal custody of their minor children; and
WHEREAS, the parties have further agreed that the residential circumstances of each parent favors an award of joint (split physical) custody; and
WHEREAS, the parties possess the ability to cooperate effectively and consistently with each other towards the best interests of their minor children; and
WHEREAS, the maximum involvement and cooperation of both parents regarding the physical, mental, moral and emotional well being of JEFFREY and JENNIFER is in the best interests of the children;
NOW, THEREFORE, IT IS HEREBY AGREED TO, BY AND BETWEEN THE PARTIES, AS FOLLOWS:
- The parties have carefully weighed and considered the question of the custody of their minor children. In doing so, they have been guided solely by considerations touching upon the children’s welfare. The parties acknowledge and agree that they shall have and enjoy joint (split physical) custody of their minor children, JEFFREY DOE (born date), and JENNIFER DOE (born date), with Husband being the primary residential custodian of JEFFREY and wife being the primary residential custodian of JENNIFER.
- Husband and wife agree to cooperate in every respect to arrange for parenting time between the parties and the parties’ minor children, in conjunction with the children’s school and extra-curricular activities, and to the extent possible and appropriate, taking into consideration the best interests of the parties’ minor children and the respective schedules of the parties.
- Husband and wife agree that, except for emergencies, they shall share responsibility for, and shall jointly make, all decisions affecting the best interests and welfare of the minor children on issues involving the health, education, summer and extra-curricular activities of said children. The parties agree that they will have equal input into the resolution of all issues involving the children.
- The parties further stipulate and agree that the parties shall each have both of the parties minor children for parenting time based upon the following schedule, with ________ having the children on the first weekend following the approval of this agreement by the court, based upon a continuation of the current temporary parenting time schedule:
a. Alternating weekends, from Friday at 8:00 until Sunday at 6:00 p.m., or 9:00 a.m, commencing on ____________;
b. The following legal and religious holidays on an alternating basis, with the _________ to have the first of the holidays: Thanksgiving Day through the week-end; July 4th; Memorial Day; Labor Day; Easter; and the Christmas holiday to be divided into two (2) periods, the first period to commence at 4:00 p.m. Christmas Eve and end at 10:00 a.m. Christmas Day, and the second period to commence at 10:00 a.m. Christmas Day until 8:00 p.m. Christmas Day night, with the parties to each have the children for approximately one-half of the children’s Christmas vacation from school, and one-half of the children’s Spring vacation from school;
c. The parties shall each have the children on their own birthday and on Mother’s Day and/or Father’s Day, as may be appropriate, and shall alternate the children’s birthdays, with __________ having the children during odd-numbered years;
d. Each party shall have uninterrupted parenting time with the children for 2 weeks during the children’s summer vacation from school. This 2 week period may be taken in 2 consecutive weeks or broken up into smaller segments of time, depending upon the desire of the party who is entitled to exercise the parenting time. No later than May 1st of each year, the party entitled to designate parenting time for the upcoming summer shall notify the other parent in writing of the day(s) he or she will be exercising the summer vacation visitation, and the other party shall, no later than May 15th of each year, similarly provide written notice of his or her summer vacation visitation for the upcoming summer. In odd number years, ________shall designate by May 1st, and in even number years, ______shall designate by May 1st. Years ending in zero are considered even number years;
e. Holiday, birthday and Mother’s and/or Father’s Day parenting time, as specified hereinabove, shall take preference over weekend, Summer and vacation parenting time, and in the event husband is to have the child for a holiday which falls on a weekend the wife is to have the child, or vice versa, the party entitled to have the child for the holiday shall have the child for said holiday, and the parties shall commence a new sequence of alternating weekend parenting time the following weekend.
- The parties agree and acknowledge that it is in the best interests of the minor children that both parents instill and generate an affection on the part of the minor children for their parents, and, in order to accomplish this, it is necessary that each party assume the responsibility of frequent association with, and attention to, the children, and further, that each party refrain from making any insulting, derogatory or deprecatory remarks or comments about the other to, or in the presence of, the minor children. The parties shall also cooperate in accommodating the other who may wish to have the children for some special event or occasion.
- The parties agree that each party shall be afforded access to the school and medical records of the minor children. The parties further agree that, to the extent required by either a school district in which the children are enrolled, or a provider of medical services to the children, either party shall be authorized to (i) have access to information concerning the children, and/or (ii) release information concerning the children to any third party.
- The parties agree that they will timely inform each other as to all school functions, meetings and other activities in which the minor children are involved, so as to enable both parties to attend said events and be an integral part of the children’s involvement in same. Homework and school responsibilities are a priority for the children before leisure or extracurricular activities. The parties agree that they each have a responsibility to see to it that the children’s homework and school assignments are completed and submitted in a timely fashion while the children are in their care, and each party will see to it that the children complete their homework while in their care.
- The parties agree that they will each be entitled to reasonable telephone contact with the parties’ minor children on a daily basis.
- Each parent shall promptly inform the other of any serious illness of the minor children which shall require medical attention while the children are in the physical possession of that parent. Elective procedures shall only be performed after consultation and agreement between the parties. Emergency surgery necessary for the preservation of life or to prevent a further serious injury or condition may be performed without consultation with the parent who does not, at that time, have actual physical possession of the children when necessary for the preservation of life or to prevent the further serious injury; provided, however, that if time permits, the other parent shall be consulted, and, in any event, informed as soon as is reasonably possible.
- Both parents shall inform each other of any medical or health problems that arose while they had physical possession of the minor children when the information of the medical or health problem would aid the other parent in the care and treatment of the children. Both parents shall provide each other with any medications that the children are taking at the time of the transfer of physical possession and with sufficient information to allow the parent assuming physical possession to obtain refills of that medication.
- The parties agree that neither party will expose the children to any immoral conduct or drink to excess while the minor children are in their care. Specifically, the parties agree that they will not entertain overnight guests over the age of 18 years who are unrelated to them by blood or marriage and occupy the same sleeping area while the minor children are in their care. The parties shall exercise discretion and consider the minor children’s best interests before introducing them to or involving the children in activities with individuals whom the parties may, from time to time, be dating. In no event shall such and individual be allowed to discipline the parties’ minor children.
- Both parents shall, when requested, provide information to the other parent regarding the names, addresses, telephone numbers and any other necessary facts concerning the providers of any medical or health care to the minor children.
- Neither party shall remove the children from the State of _________without leave of Court or by express written agreement of the parties. Notwithstanding the foregoing, either party may temporarily take the children to another State for vacation or for other good reason, upon reasonable notice to the other parent. In the event either party shall remove the children from the State of _______ for vacation or other good reason as contemplated herein, the removing party shall notify the other party of an address and telephone number where that party and the children may be reached in the event of an emergency.
- If any conflicts arise between the parents as to any of the provisions of this Joint Parenting Agreement or the implementation thereof, the complaining parent shall first notify the other parent of the nature of the complaint, and both parents shall make a reasonable attempt to negotiate a settlement of the conflict. Wherever practicable under the circumstances, said complaint shall be made in written form, and given to, or mailed to, the other parent. The parent receiving said complaint shall, when practicable, reply to the complaint in a similar manner in written form. If the parties are unable to resolve their conflict within a reasonable period of time, the parties agree to mediation of their conflict by Attorney JASON DOE in all matters which do not involve any immediate danger to the physical, psychological or emotional health of the minor children. Nothing contained hereinabove shall be construed as, nor is it intended to be, an abrogation, waiver or release of either party’s rights, pursuant to _____________.
- In the event any court of competent jurisdiction should determine that any portion or portions, or provision or provisions, of this Agreement are void or unenforceable, said portion or portions, or provision or provisions, shall be stricken from the face of this Agreement, but the balance of this Agreement, and the terms and provisions thereof, shall remain in full force and effect.
- This Agreement shall be reviewed periodically by the parties, as may be necessitated by the age, school and extra-curricular activities of the minor children.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and date first above written.