Your opinion please, Soc?

[MissouriGal]

The following is a stipulated agreement I drew up between my ex and myself, and that we have both signed and notarized. I would appreciate your critique of it, as I had my doubts about sending them back to their father's due to his lack of care (educational and medical) in the 3 years he had physical custody and I tried to cover all basis. Please be honest as to how you think the court would view this. I haven't filed it yet.

IN THE CIRCUIT COURT OF MXXXXX COUNTY
AT PXXXXX


RXXXXX KXXXX MXXXXXX,
Petitioner

Vs. Cause No. CV000-000DR

TXXXX DXXXXX MXXXXXX,
Respondent



STIPULATED AGREEMENT TO MODIFY EXISTING CUSTODY ORDER

Rxxxxxx Kxxxx Mxxxxxx, Petitioner, and Txxxx Dxxxxxx Mxxxxxx, Respondent, do hereby stipulate by and between them the following items:
1.) That on September 2, 2002, the Superior Court of Worth County Georgia issued a Final Judgment and Decree of Divorce between the above mentioned parties which awarded the parties joint legal custody and awarded the Petitioner sole physical custody of the parties minor children Kxxxxxx Exxxxxxx Nxxxxxx Mxxxxxx, Txxxxx Kxxxxx Mxxxxxx, and Bxxxxxxx Axxxxxxxxxx Mxxxxxx,
2.) That on May 29, 2003, the parties entered into an agreement whereby the minor children Kxxxxxx, Txxxxx, and Bxxxxxxx would reside with the Respondent until June 1, 2004 and that the parties would alternate physical custody of the minor children yearly thereafter;
3.) That the minor children Txxxxx and Bxxxxxxx wish to return to live with the Petitioner in Txxxxx, Georgia before June 1, 2004;
4.) That the minor child Kxxxxxx wishes to remain with the Respondent and will return to Petitioner before the beginning of the 2004-2005 school term;
5.) That the Petitioner and Respondent agree to this split custody arrangement, contingent upon the following conditions:
a. That Txxxxx and Bxxxxxxx shall uphold the same educational standard that the Respondent has worked diligently to achieve for the children in the time that they have been in her physical custody;
b. That the Petitioner shall be directly involved with the children's education which shall include, but not be limited to, attending scheduled parent/teacher conferences with the children's teachers, facilitating the children's learning by helping them with schoolwork and/or homework when necessary, by taking appropriate action if the children's academic grades begin to fall below acceptable levels, by keeping the Respondent informed of any and all education problems arising with the children, and by keeping the Respondent informed of any meetings between the school staff and the Petitioner.
c. That the Petitioner shall continue with the children's current medication schedule prescribed by a licensed physician, and shall promptly attend to any arising medical needs the children incur.
d. That the Petitioner shall enroll the minor child Txxxxx in a mental health treating facility as soon as possible. Petitioner shall continue with Txxxxx's current psychiatric medications prescribed by a licensed psychiatrist and shall not arbitrarily discontinue such medication except upon the advice and direction of a psychiatrist licensed to practice in the state of Georgia.
e. That the Petitioner shall have the children enrolled in school in Worth County, Georgia no later than Friday, January 23, 2004.
f. That the Petitioner shall schedule dental appointments for Txxxxx and Bxxxxxx with a licensed dental professional, at that professional's earliest possible convenience, as Txxxxx is scheduled to have a dental filling on March 18, 2004 and Bxxxxxx is scheduled to have her yearly checkup on that same day at Mid Missouri Dental Clinic in Columbia, Missouri.
g. That should any dental problems arise before the newly scheduled appointment, the Petitioner shall take due diligence to immediately find a dentist to take care of any emergent needs of the children.
h. That the Petitioner shall list the Respondent on any and all school and medical records as the mother of the children, and shall give school officials and medical personnel any verbal or written permission required by them that allows the Respondent to speak with such school officials or medical providers and/or receive copies of records unimpeded and without having to seek further permission of the Petitioner.
i. That the Petitioner should realize that the parties were awarded joint legal custody of the children, and as such the Respondent shall be apprised of any and all situations arising in regards to the areas of medical, dental, education, and religion when it concerns the children, and that the Respondent has the legal right to be involved in any decisions affecting the health or welfare of the minor children in these areas.
j. That the Petitioner shall maintain the children's hair in an appropriate manner, and shall make sure that the children are clean and properly groomed for school each day.
k. That the Petitioner shall not allow anyone in his home to issue corporal punishment to the minor children except for the Petitioner and his wife, and that such corporal punishment shall be limited to the buttocks area only. Striking the children in any other area may be seen as child abuse.
l. The Petitioner agrees that there will be no illegal substance use in his home by anyone at anytime. If the Respondent learns of someone using illegal drugs in the Petitioner's home, this shall be grounds for an emergency custody hearing and permanent physical placement of the children with the Respondent.
m. The Petitioner acknowledges that the Respondent shall be in touch with the children's schoolteachers on a regular basis, both by phone and through E-mail. Any concerns relayed to the Respondent by the teachers shall be discussed with the petitioner immediately, and action taken on behalf of the Petitioner to remedy such concerns. If, however, there are continued concerns of educational or physical neglect, then this shall also be grounds for an emergency custody hearing, and permanent physical placement of the children with the Respondent.
6.) The Petitioner and Respondent agree that should the Petitioner not follow the above stipulations that it will constitute a prima facia showing of a change of circumstances substantial enough to constitute a change in physical and legal custody to the Respondent.
7.) The Petitioner agrees that should the Respondent file in any Court seeking a modification of custody based on the Petitioner being unable or unwilling to follow the above stipulations, that the appropriate court with jurisdiction shall make a determination of custody based on the merits, and what is in the best interest of the children.
8.) That the provisions of the previous stipulated agreement between the parties dated May 29, 2003 shall remain in full force and effect so long as both parties adhere to the stipulations set forth within this document.
9.) Both parties agree that the health and welfare of the children is first and foremost in their minds. This document is based not only on the wishes of the children, but also on the willingness of the parties to work together to facilitate a meaningful relationship between both parents and the children. The parties realize that sometimes situations manifest that they have no control over and agree to work with each other to come to an amicable arrangement that suits the needs of both the children and the parties, but puts our children's best interest in the forefront at all times.
10.) This document encompasses any and all verbal agreements between the parties, and they state that all issues and paragraphs are mutually agreed upon and this document is signed of their own free will, without coercion.


_________________ _______________________
R. K. M., Petitioner T. D. M., respondent




STATE OF MISSOURI )
)ss
COUNTY OF MXXXXX )


NOW on this _______day of _______________, 2004, before me personally appeared Txxxxx Dxxxxxx Mxxxxxx, Respondent herein, and Rxxxxxx Kxxxx Mxxxxxx, Petitioner herein, and having been first duly sworn upon their oath they state that they executed the above STIPULATED AGREEMENT TO MODIFY EXISTING CUSTODY ORDER as their own free act and deed and that all matters set forth herein are true according to their best information and belief.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above first written.

_______________________________
Notary Public


**I know there are a lot of provisions placed on my ex in this, but they are in place because of things that happened when all 3 children were in his care that I do not want to see happening again... and if it does, I wanted legal recourse to seek immediate physical custody.

[socrateaser]

It's good. Comments:

It doesn't stipulate to who pays for all of the mental health/dental care, etc.

Section 7 is unnecessary but not problematic.

Section 10 probably should have been worded, "This stipulated judgment reflects the entire agreement between the parties, no other agreement exists, either oral or written, and no modification of this agreement may be made except by agreement by both parties in writing or by further orders of the court.

There are a couple of other places where some irrelevant whining seems to have been introduced, and some other spots where I could improve the clarity of the wording, but I don't see any of it as particulary problematic.