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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 reference to Rule), as further provided for in said Section,
W I T N E S S E T H:
WHEREAS, the parties agree that they shall have and enjoy joint legal custody of their three minor children, JESSICA DOE, born (date), and JEFFREY DOE, and COLIN JASON DOE, twins, born (date); and
WHEREAS, the parties have further agreed that the residential circumstances of each parent favors an award of joint custody; and
WHEREAS, the parties hereto 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 the parties’ children is in the best interests of said 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 physical custody of their minor children, JESSICA DOE, JEFFREY DOE, and JASON DOE.
- Subject to the further terms and provisions hereinafter set forth, husband and wife agree to cooperate in every respect to arrange for parenting time between the parties and their minor children, said parenting time to be arranged in conjunction with the children’s school and extra-curricular and work 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.
- The parties agree that, except for emergencies, they shall share responsibility for, and shall jointly make, all decisions affecting the best interests and welfare of their children on issues involving the health, education, summer and extra-curricular activities of said children. Due to the custodial arrangement designated herein, both parties’ residences shall serve as the residences of the children.
- The parties further stipulate and agree that the children shall spend parenting time of one week with wife, commencing on ____________, and parenting time the following week with husband, commencing__________________. The exchanges of the children shall occur on Sunday evening at 5:00p.m., year round. The party who is to commence his or her parenting time shall be responsible for the pickup of the children.
- The parties agree and acknowledge that it is in the best interests of their children that both parents instill and generate an affection on the part of the 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 they shall continue to reside in the Any Town USA School District, and that the children shall attend school in that district. The parties agree that each party shall be afforded access to the school and medical records of the 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 keep each other informed as to all school functions, meetings and other activities in which the children are involved, so as to enable both parties to attend and participate in events, and be an integral part of the children’s involvement in same.
- Each parent shall promptly inform the other of any serious illness of the children that require medical attention while the children are in the physical possession of that parent. Elective procedures shall only be performed after consultation 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 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.
- 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 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 removes 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 of it, 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, the complaint shall be made in written form, and given to, or mailed to, the other parent. The parent receiving the 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 _______________ in all matters that 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 (insert reference to statute or rule).
- 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, those 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 children.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and date first above written.