Another fast question or 2 please Soc

[MissouriGal]

The state is Missouri.

Father and I agree on split custody of our children. He's received the parenting plan I drafted and his attorney will review it on Monday. (Even though I had to remind his wife that we're dealing with Missouri law, and not Georgia, where he and his attorney are.)

Once he reads the entire plan over (he's seen the visitation part. I posted it on another board for input), and gives me his input on what, if anything, he wants changed, I'll be drafting the verified motion for modification and sending it, along with the parenting plan, to him for his signature.

1.) In a custody modification motion, if both parties agree to the terms, what would be the most proper and concise way to title the motion?

2.) Could you possibly point me in the right direction on where to find a Waiver of Service?

Thanks so much! (And I think I got the guidelines right the first time, this time. LOL)

[socrateaser]

>1.) In a custody modification motion, if both parties agree to
>the terms, what would be the most proper and concise way to
>title the motion?
>
Different jurisdictions have different names and different processes. Assuming that this is a final judgment in the matter, rather than an order, it would be a "Motion for" Stipulated Judgment, Consent Decree, Agreed Judgment, or the like.

In some jurisdictions, you can simply write a letter to the judge, rather than a motion, explaining that the parties have agreed to everything, and ask the court to order it. In such a case, the judgment would read something like:

WHEREAS, the parties in this action, having had the benefit of legal counsel or having intentionally waived the right to said legal counsel,

AND WHEREAS the parties have consented to the entry of this Final Judgment without trial or adjudication of any issue of fact or law herein, and without this Final Judgment constituting any evidence against or an admission by any party with respect to any issue of law or fact herein,

AND WHEREAS, the parties have agreed to be bound by the
provisions of this Final Judgment pending its approval by the
Court;

NOW, THEREFORE, before the taking of any testimony, and
without trial or adjudication of any issue of fact or law herein,
and upon consent of the parties hereto, it is hereby ORDERED,
ADJUDGED, AND DECREED as follows:

1. Dis, dat and de udder ting.
2. etc.
3. ad nauseam


It is so ORDERED, this ____ day of ____, 2004

By: ________________
Judge of the ________ Court

(leave room for the court's seal)



Agreed to by the parties:


By: ________________
PARTYSNAME
PETITIONER, Pro Se
STREET
CITY STATE, ZIP
CONTACTFONE

Acknowledged before me, this _____ day of _____, 2004,


By: __________________
Notary Public
My commission expires: ________

By: ________________
PARTYSNAME
Respondent, Pro Se
STREET
CITY STATE, ZIP
CONTACTFONE

Acknowledged before me, this _____ day of _____, 2004,


By: __________________
Notary Public
My commission expires: ________


>2.) Could you possibly point me in the right direction on
>where to find a Waiver of Service?

The following should suffice:

Waiver of Service

I, SERVEDPARTY, am the (Petitioner/Respondent) in the above entitled action, and after first being duly sworn, do hereby depose and say:


1. That I haved received true and complete copies of the following named documents in this action:

a.
b.
c.

2. That I expressly waive personal service of the above-referenced documents, that this pleading represents my general appearance in this action, and that I submit to the personal jurisdiction of the court.

By: ________________
PARTYSNAME
(Petitioner/Respondent), Pro Se
STREET
CITY STATE, ZIP
CONTACTFONE

Acknowledged before me, this _____ day of _____, 2004,


By: __________________
Notary Public
My commission expires: ________

[MissouriGal]

.

[socrateaser]

I made a slight mistake. Please re-read.

[MissouriGal]

Heh.

I didn't notice it either.

In fact, it still looked the same so I had to compare the one from yesterday that I'd saved in Word.

But, I corrected it in that document with the new words you put in here.

Thanks again!