Custody order v. a Modification

[Imom]

I will first type cutody order:

STATE OF INDIANA                                                                                                                                             IN THE KNOX SUPERIOR COURT 1  
COUNTY OF KNOX                          CASE NO.

XXXXXXX XXXXX XXXX                                                                                                      

                   V.
XXXX XXXXX XXXXX, XX


           AGREEMENT CONCERNING CUSTODY AND VISITTATION
Comes no the parties hereto and herein submit to the Court  the following agreement concerning the Custody and Visitation of their minor child.

1. Background: List all parties a child's name, dob. S.S. number  and what state they will reside.

2. Legal custody: The parties herein agree that they will share joint legal custody of the minor child.

3. Physical Custody:  The parties agree that they shall each share the physical custody of their child in the                following manner:

     Father: The father shall have physical custody of the minor child from 1 week prior to the school year  
until 1 week  following the school year.

     Mother:  The mother shall have physical custody of the minor child during times when the child is out of school for any period of time longer  than a 3 day weekend.

4. Transportation: The parties acknowledge that this arrangement may lead to considerable expense for transporting the child between residences. After careful consideration and discussion, the parties agree that transportation  shall be the responsibility of the non-custodial parent.

5. Support: The parties agree that any support  obligation in this matter would be nearly equal.
Therefore, the parties have agreed that no direct support shall be paid from 1 parent to the other.

6. Visitation: The parties agree that the distance involved will make visitation difficult. The parties agree to any reasonable visitation upon advanced notice.

The Christmas vacation on even years will be spent  with the father and the Christmas vacation on odd years will be spent with the mother.

7. Tax Exemption: The father shall be allowed to claim the child, xxxxx xxxxx xxxxx, as a dependant for tax purposes for the even years. The father agrees to execute any documents necessary for the mother to claim said child during the odd years.

    The mother shall be allowed to claim the child, xxxxx xxxxx xxxxx, as a dependent for tax purposes for the odd years. The mother agrees to execute any documents necessary for the father to claim said child during the even years.

Both parties signed, ordered and dated by the court  December 23, 1998.


Very plain co, we have agreed to meet bm at certain times and want to modify co. So here that is:

 STATE OF INDIANA                         IN THE KNOX SUPERIOR COURT 1
COUNTY OF KNOX  
XXXXXXX XXXXX XXXX                        CAUSE NO.
        VS.
XXXX XXXXX XXXXX, XX.

    AGREED MODIFICATON TO THE CURRENT AGREEMENT                      CONCERNING CUSTODY AND VISITATION

 
The parties submit to the court the following  agreed  modification  to the current Agreement Concerning the Custody and Visitation of their minor child signed by the court dated  December 23, 1998.

                                                                 COMMUNICATION
Each party shall keep the other in formed of their current address and telephone number. When either party considers a change in residence, a 30 day advance notice shall be provided to the other party.

 ____________                                                                                                                      ____________
                                                   
                                             COMMUNICATION BETWWEN PARENT AND CHILD
A parent and child shall have the right to communicate privately by cards, letters, and packages with out interference by the other parent.
The custodial parent at the time shall deliver said unopened cards, letters, and packages to said child promptly.


____________                                                                                                                       _____________


                       EXCHANGE OF  GENERAL HEALTH , MEDICAL, AND MENTAL HEALTH INFORMATION
Both parties shall provide each other with all the names, addresses, and phone numbers of all health care providers of the said child ,XXXXX XXXXX XXXXX, in their area. Each party shall notify the other promptly if any such changes regarding this information.
The custodial parent at the time must keep the non-custodial parent informed of all medical appointments and communicate with the non-custodial parent any out come of said appointments. And must immediately notify the non-custodial parent at the time of any medical emergencies or illness of the said child that requires medical attention.
Upon the return of said child to the mothers physical custody for the summer periods , the father shall give written authorization to the child's health care providers ,in his area, to release and send copies of  all medical  records to the child's health care providers in the mothers area.  Upon the return of said child to the fathers physical custody  at the end  of said period the mother shall give written authorization to the  child's health care providers, in her area, to release and send copies of all medical records  to the child's health care providers in the father's area.
Both parents have equal access  to all medical and mental health records of said child. Both parents have the right to contact and discuss the child's  treatment , or evaluation  or well being of  said child with the child's health care providers in both areas.


_____________                                                                                                                     ____________

                                           EXCHANGE OF SCHOOL INFORMATION AND ACTIVITIES
 The father shall provide the mother with copies of the said child's report cards and notices from school as they are received. The father shall notify the mother of all school activities.
Both parents have equal access  to all the said child's school records. Both parents have the right to attend all school activities and to communicate directly with school personnel concerning the said child.


__________                                                                                                                           __________
 

                                                                  OTHER ACTIVITIES
The custodial  parent at the time shall notify the non-custodial parent at the time of all organized events in the child's life which permit parental and family participation . The custodial parent at the time shall not interfere with the opportunity of the non-custodial parent at the time to volunteer for or participate in such activities.


___________                                                                                                                              __________
                                     

 
                                                       EMERGENCY NOTIFICATION
Both parties shall provide the other  with a minimum of 7 days notice of plans to take said child out of their state of residence for more then a day, such notice shall include the destination, duration of stay,  and a telephone number  to contact said child or the absent parent.


__________                                                                                                                             __________        



                            TRANSPORTATION ARRANGEMENTS

The parties agree to meet at a halfway destination between residences in the town of Hayti, in the state of Missouri at certain parenting and visitation times . AND agree to be responsible for their own transportation at certain parenting times and visitation times as defined below:
For times when the mother is to have physical custody of said child for 7 days or more during the school months the parties agree to meet at said destination for the child's return to the mothers physical custody on the day after the child is released from school at 12:00 pm for said periods. The parties also agree to meet at the said destination for the child's return to the fathers  physical custody after said periods end on the day before school resumes at 12:00 pm.

For times when the mother has physical custody of said child for periods of less then 7 days during the school months, the parties agree at the beginning of said periods the mother shall be responsible for all transportation . The father shall have the child ready for exchange no later the 3:30 pm on the day school is released for said periods. At the end of said periods the father shall be responsible for all transportation . The mother shall have the child ready for exchange no later then 8:00 am on the day before school resumes.


The parties agree to meet at the said destination between  residences  for the return of  the child to the mother's  physical custody  for the summer period ,on the day that is one week after school ends at 12:00 pm. The parties agree to meet at said destination  between residences after said period for the return of  the child to the father's  physical custody on the day that is one week before school resumes at 12:00 pm.

For visitation the parties agree to meet at said destination  for the mother's Christmas vacation  in the odd years on the day after school  is released for said vacation at 12:00pm. The parties agree to meet at said destination on the day before school resumes at 12:00 pm for the return of the child back to father's custody.

 For any other visitation listed in the current agreement concerning custody and visitation all transportation shall be the responsibility of the non-custodial parent at the time exercising the visitation.

The parties understand and agree a little leeway on time may need to be given due to unplanned circumstances with this arrangement.


__________                                                                                                    __________

                                         TRANSPORTATION STIPULATION
The parties agree that at the certain parenting times when they have agreed to meet at said destination  it is their responsibility to insure the said child is transported to said destination  on said days and times.
If one parties fails in their duty to meet at said destination one time after this modification goes into effect, then the default  transportation shall apply to all future  exchanges.

During the school months when the mother is to have physical custody of said child  she shall be responsible for all transportation at the beginning of said periods. The father shall have the child ready for exchange no later then  3:30 pm. on they day the child is released from school for said periods. The father shall be responsible for all transportation at the end of said periods the mother shall have the child ready no later then 8:00 am on the day before school resumes.

The mother shall be responsible for all transportation  at the beginning of  her summer physical custody periods.  The father shall have the child ready no later then 8:00 am on the day that is  one week after school ends. The father shall be responsible for all transportation  after said period.  The mother shall have the child ready no later the 8:00 pm on the day that is one week before school resumes.

The mother shall be responsible for all transportation at the beginning of her said Christmas vacation period in the odd years, The father shall have the child ready no later then 3:30 pm the day the child is released  from school. The father shall be responsible for all transportation  at the end of said vacation the mother shall have the child ready for exchange no later then 8:00 am the day before school resumes.

 For any other  visitation listed in the current agreement concerning custody and visitation all transportation shall be the responsibility of the non-custodial parent at the time exercising the visitation.


__________                                                                                                                               __________


                                                        OTHER AGREEMENTS
In the event of death in the immediate family additional parenting time shall be allowed so the said child may attend the funeral of the deceased family member. "immediate family" shall be defined as follows:
***********************************************************
This is not done yet, so her goes.

The modifiaction looks so much formal the the co so that might be why it seems different to me. Let me start with what they were told so you know why it reads ncp at the time, or cp at the time. When this was first done they were told by an attorney when bd has physical custody he is the cp, bm is the ncp........then when bm had physical custody she was the cp and bd was the ncp. Bm did file for reversal in 2002 it was denyed but the courts on it own motion added a modification The parent not having primary physical custody of xxxxx at a particular time may have telephone contact with xxxxx at least once a week at that parent's expence, at a time mutually agreed upon by parties.


#1 in the first paragh should it mention anything about the modification the courts made if no then if bm wants to change it to at least twice a week then should it.
#2 From there to right before Transportation should anythig be rewored differently ( bm wants us to send the medical records to her visvera thats way its worded like that)

#3The bigest thing is transportation it is a nine hour drive one way thats why we are meeting the day after school is released for certatin periods, and not for others. The only time as of now bd wont meet is Thanksgiving because if we meet the next day we'll that day it Thanksgiving...........that may seem unfair but.........we are not asking she is.  Plus on certain visitations (the reasonable part we want to keeo the same with the ncp at the time being responsable for transportation). They have alway split her christmas vacation transpotation in the odd years,she picked up at beg. he did at end.
No time for pick up's/ drop off's are in the current co and we would like to add them.
Should any of that part be reworded in any way.

#4The stipulation we want in to cover our butts, we know there are emergancies,etc but..........you never know. Should that be reworded.

#5 How can it be worded that everything else in the current co remains the same.

I know this is asking alot but this is the best place to get help so if anyone can help thank you.

[wendl]

looks like a modification is an amendment to the original orders.


Aslo make sure to put in mid winter breaks, spring breaks, thanksgiving, and all holidays, be very specific. With Thanksgiving why cant you say mom has even years including fri, sat and sun and father will have odd years including fri, sat and sun

When you have a meeting place be specific like a McDonalds or whatever is in that town.

Hope this helps a little

[Imom]

bm get all of spring break, every Thansgiving, E/o christmas vacation. She is to have physical custody anytime child is out loner then three days.........so that why she has all of those, we are not change any of that. We only want certain things added that co does not cover, and Transportation is really the only thing that is changing.