Question on changing parts on co. (Edited)

[Imom]

Soc,
I have been working on an amendment/modification  (for my husband and bm) to their  custody order. The custody order was signed/ordered  in 1998 and is very plain as you will see. The bm filed for reversal in 2002 that was denied but the court on its own motion modified the co as you will see.

I think I maybe using the wrong term they ,bm and husband, want things added to the co, and a few things changed but want the joint legal and physical custody  and visitation to remain the same as in the co.

Original custody order:



STATE OF INDIANA                                            IN THE KNOX SUPERIOR COURT 1
COUNTY OF KNOX                                             CAUSE 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 and child's name, dob's . S.S. number's 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.


*******************************************************
Court Order Denying  co reversal:


STAE OF  INDIANA                       IN THE KNOX SUPERIOR COURT1

COUNTY OF KNOX, SS:                 2003 TERM

IN THE MATTER OF                                                                     CAUSE NO.
THE PATERNITY OF X.X.X.
by next friend
XXXXXXX XXXXX XXXX,
   Petitioner,
               Vs.
XXXX XXXXX XXXXX, XX.
   Respondent



          COURT ORDER DENYING PETITION FOR MODIFICATION
                                        July 11, 2003

         The petitioner/Mother, xxxxxxx xxxxx xxxx,  appears in person and by counsel, xxxxx xxxxxx. The Respondent/Father,  xxxx xxxxx xxxxx, xx.., appears in person and by counsel, xxxxx xxxxxxxxx. The parties appear for hearings in the Knox Superior Court 1 on November 20, 2002 and on April 25, 2003 on the Petitioner/Mother's petition to change Joint Custody, Physical Custody, and for Child Support filed September 16, 2002. The Court hears evidence and testimony at the hearings, and hears arguments of counsel. At the conclusion of the hearing on April 25, 2003, the Court takes matters under advisement.
           The Court having considered these matters and being duly advised in the premises, now FINDS as follows:
                    1. That no substantial and continuing change of circumstances has occurred which necessitates a modification of the Court's present Order in this cause.
             
              The Court having considered the matter and being duly advised in the premises, now ORDERS, ADJUDGES, AND DECREES as follows:

                    1. CUSTODY: The parties shall continue to share joint legal and physical custody of xxxxx xxxxx xxxxx, born xxxx xx, xxxxx, with the Court's Order of December 23, 1998, to remain in full force and effect.
                    2. TLEPHONE CONTACT: The Court on its own motion now modifies the existing Order in this cause to provide that the parent not having primary physical custody of xxxxx xxxxx xxxxx  at a particular time may have telephone contact with xxxxx at least one time per week at that parent's expense, at a time mutually agreed upon by the parties.

   
            his Order shall be effective this 11th day of July, 2003

Dated and signed by Judge.

**********************************************************
   
Amendment: (what I am now working on)

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

XXXXXXX, XXXXX, XXXX
              VS                                                                                          
XXXX, XXXXX, XXXX, XX


 
        AGREED  AMENDMENT  TO THE " AGREEMENT CONCERNING CUSTODY AND VISITATION",  DATED DECEMBER 23, 1998

 
The parties submit to the court the following  amendment  to the Agreement Concerning the Custody and Visitation signed and ordered by the court dated  December 23, 1998.



                        COMMUNICATION BETWEEN PARTIES


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 BETWEEN FAMILY MEMBERS AND CHILD


Each party,  upon receipt of mail or packages addressed to the child from the non-custodial parent, step-parent, or relative of the non-custodial parent, shall see to it that such mail or packages are given unopened to child. The child shall be allowed to retain possession of such mail or packages , sent by the non-custodial parent, step-parent or other relative of the non-custodial  parent.


__________                                                                                                                                   __________




       TELEPHONIC COMMUNICATION BETWEEN PARENT AND CHILD


When the child is with one parent, the other parent shall have telephonic communication with the child everyday at that parent's expense. The parties will agree upon specific times for said telephonic communication between the hours of 3:30pm and 8:30 pm due to schedules and commitments.
    Note:  It is the non-custodial parent's responsibility to call at the agreed times, if that parent does not call at an agreed time that parent shall be responsible to return the call.
              If the non-custodial parent calls any other time that is not agreed to they shall be allowed to speak to the child if available, if the child is unavailable or the call is missed it is the responsibility of the non-custodial parent to return the call.
              It is the responsibility of the custodial parent to have the child ready for the call at an agreed time, if the custodial parent misses the call at the agreed time then it shall be that parents responsibility to see that the child returns the call.
               The length of the call shall last as long as the child determines the conversation shall last.
               Times would be in the child's time zone if it were different then the non-custodial-parent.
          .


__________                                                                                                                                   __________

         


                     

            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 child, Aaron Louis Mills, in their area. Each party shall notify the other promptly if any such changes regarding this information.

If the child is undergoing evaluation, treatment or routine checkup the custodial parent at the time shall communicate that fact to the non-custodial parent at the time.    
Each parent shall immediately notify the other of any medical emergencies or illness of the child that requires medical attention.

Each year, upon the return of the child to the mother's physical custody for the summer period, 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 mother's area. Upon the return of the child to the father's 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.

Furthermore, both parents have equal access to all dental, medical and mental health records of the child, and have the right to request and receive copies of the records for themselves in both area's. Both parents have the right to contact and discuss the child's treatment, evaluation ,or general well being of  the 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 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 child's school records and may request and receive copies for themselves. Both parents have the right to attend all school activities and to communicate directly with school personnel concerning the child.


__________                                                                                                                                   __________


 

                              OTHER ACTIVITIES


Each parent shall notify the other parent of all organized events in the child's life which permit parental and family participation . A parent shall not interfere with the opportunity of the other  parent 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 the 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  Steele , in the state of Missouri at certain parenting and visitation times, AND agree to be responsible for their own transportation at certain parenting and visitation times as defined below.  All times defined below are Eastern Standard Time.

        Agreed times parties have agreed to meet at said destination for exchanges:


 During the school months when the mother is to have physical custody of the child and when the mother is to have the child in the odd years for Christmas vacation as defined in the, Agreement Concerning Custody and Visitation, the parties agree to meet at said destination on the day after school is released for the beginning of the periods, and to meet on the day before school resumes for the end of the periods, exchange times shall take place at 12:00 pm.



The parties agree to meet at said destination one week following the school year for the beginning of the mother's summer physical custody period and one week prior to the school year for the end of the period as defined in the, Agreement Concerning Custody and Visitation order. Exchange times shall take place at 12:00 pm.
                 

                 
         Agreed times the parties have agreed to be responsible for own transportation:

For any other visitation as defined in the, Agreement Concerning Custody and Visitation Order, the parent exercising that visitation shall be responsible for all transportation.


__________                                                                                                                                   __________


                                       
                                       
                                                   


                          TRANSPORTATION STIPULATION


 The parties agree that at the certain times when they have agreed to meet at said destination as defined above in the Transportation Arrangements, it is their responsibility to insure that the child is transported to said destination on the days and times specified.  If one parties fails in their duty to meet at said destination one time after this amendment goes into effect, then the transportation stipulation defined below shall apply to any and all future exchanges. All times defined below are Eastern Standard Time.



During the school months when the mother is to have physical custody of the child and when the mother is to have the child for Christmas vacation in the odd years as defined in the, Agreement Concerning Custody and Visitation, the mother shall be responsible for all transportation at the beginning of the periods, the father shall have the child ready for exchange no later then 3:30 pm on the day school is released for the periods. The father shall be responsible for all transportation at the end of the 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 period,  the father shall have the child ready for exchange, one week  following the school year, for the beginning of the period as defined in the, Agreement Concerning Custody and Visitation, no later then 8:00 am.   The father shall be responsible for all transportation at the end of  the period , the mother shall have the child ready for exchange, one week prior to the school year,  for the end of the period as defined in the, Agreement Concerning Custody and Visitation, no later then 8:00 pm.


For any other  visitation  as defined in the, Agreement Concerning  Custody and Visitation Order,  the parent exercising that visitation shall be responsible for all transportation.



__________                                                                                                                                   __________


                                                       

                        OTHER AGREEMENTS


Either parent may authorize a third party to transport the child for an exchange, this party must be at least 18 years of age with a valid drivers license,  have had at least one year's driving experience and a person the child is familiar with.


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: a parent, sibling, half-sibling, step-sibling, grandparent, great-grandparent, step-parent, step-grandparent, and step-great grandparent.  Four consecutive days shall be granted.



If the custodial parent at the time shall be away from the child for longer then  31 consecutive days , the child shall temporarily be placed in the non-custodial  parent's care until the custodial parent returns. Once the custodial parent returns the child must be returned to that parent.


__________                                                                                                                                  __________  


1. What the difference between a modification and an amendment /  Which term should I be using?

2.  Should it be placed in this that the joint legal and physical  and visitation remains the same as ordered in the 1998 court order.? If it can be where to I place it.

3. The bm no longer lives in the state that it stated in the 1998 court order should that be addressed since it was in the 1998 court order? If so where should I place it.

4. The Court modified the co and added telephone contact, bm wants that changed to read as above,  how do I address that they want to modify the courts modification?  Should it be placed at the very beginning where it says the parties now summit the court, etc.....?

[socrateaser]

>1. What the difference between a modification and an amendment
>/  Which term should I be using?

You aren't actually modifying "custody", i.e., the legal and physical right to exercise control and guardianship of the minor child. You are merely amending the parenting plan. Actually I would call this: "MOTION FOR ENTRY OF STIPULATED ORDER RE: CUSTODY AND PARENTING"

>
>2.  Should it be placed in this that the joint legal and
>physical  and visitation remains the same as ordered in the
>1998 court order.? If it can be where to I place it.

Yes, place it wherever you wish.

>
>3. The bm no longer lives in the state that it stated in the
>1998 court order should that be addressed since it was in the
>1998 court order? If so where should I place it.

Doesn't really matter, as long as both parties sign the order, the court will probably sign it also.

>
>4. The Court modified the co and added telephone contact, bm
>wants that changed to read as above,  how do I address that
>they want to modify the courts modification?  Should it be
>placed at the very beginning where it says the parties now
>summit the court, etc.....?

Comes now, Petitioner and Respondent, both in propria persona, and jointly move that the court enter the attached stipulated order modifying certain aspects of the parties' custody and parenting orders, on grounds that both parties agree that the changes made therein advance the best interests of the parties' minor child(ren).