FloridaDivorceByMail.com
P.O. Box 2144, Foley, AL 36536
(877)244-2230
(251)942-2152
(815)301-1824 (fax)
CUSTOMER AGREEMENT, DECLARATION OF CONSTITUTIONAL RIGHTS
AND NON-LAWYER DISCLOSURE
FLORIDA UNCONTESTED DISSOLUTION OF MARRIAGE
1. Husband's
Name:_______________________________________________________
2. Wife's Name:__________________________________________________________
3. How did you hear about us? ______________________________________________.
I/We, the undersigned customer(s), understand and accept that FloridaDivorceByMail.coms IS NOT A LAW FIRM, and its employees ARE NOT ATTORNEYS and do not represent me/us in this matter. I/We seek their assistance as a reasonable alternative to a Florida lawyer so I/we may gain access to our court system. I/we cannot afford to pay and/or we do not want to pay the outrageous fees charged by Florida lawyers which obstructs my/our access to the people's court system. I/We also understand and accept that FloridaDivorceByMail.com is operating under the authority of Civil Rights specifically granted to all of us by the First Amendment to the U.S. Constitution, specifically the right of the people to access the courts, to peaceably assemble and to petition the Government for a redress of grievances, the right to freedom of speech, the 5th and 14th Amendments to the U.S. Constitution, and Article I Sections 2 and 4 of the Florida Constitution, as well as U.S. Supreme Court case law. I/We have made the decision to exercise our constitutional rights, to act as my/our own attorney(s), to represent myself/ourselves, and to make all legal decisions and choices concerning this matter. If, at any time, I/we require more legal knowledge or expertise than I/we now possess, I/we agree to research the subject at a local law library, purchase a self-help law book on the subject or seek the advice of a competent attorney authorized to practice law in Florida before proceeding.
I/We will assume full responsibility for the consequences of my/our decisions and actions regarding this matter. I/We will hold harmless FloridaDivorceByMail.com, its owner(s)/officer(s), and its employees from any and all damages and/or losses which may arise now or in the future concerning this transaction; and liability, if any, will be limited to the amount paid for documents or $150.00, whichever is greater. I/We will not construe or rely upon any communication, whether oral or written, from FloridaDivorceByMail.com, its employees or agents, as legal advice nor have FloridaDivorceByMail.com, its employees or agents, represented to me/us that they are as qualified as a Florida lawyer nor will I/we construe same to be a substitute for the advice of a licensed attorney.
FloridaDivorceByMail.com will refund to the customer amounts received for documents, less a $20.00 service charge, if the documents have not been generated and if a written refund request, accompanied by the Customer's receipt, is received by FloridaDivorceByMail.com within 45 days from the date the Customer Agreement was signed, and upon the return of the questionnaires and other materials provided to the customer(s) by FloridaDivorceByMail.com. Otherwise, NO REFUNDS will be made or are due the customer(s).
With the above terms and conditions acknowledged, I/we hereby employ FloridaDivorceByMail.com on this date and agree to pay the amount of (a) $185.00 with no minor children; (b) $210.00 with minor children (divorcing parents are required to complete the parent education course, "Children First Transparenting" course at around $35.00 per parent) or (c) $210.00 for divorce with service by publication with or without children, which does not include court costs/filing fees, publication costs (in the case of a missing spouse) or other related costs, to computer generate completed Florida uncontested dissolution of marriage forms and to enter upon the documents my/our personal information which I/we have provided or will provide. Court costs, if uncontested, are estimated to be $363.00 in Florida. Okaloosa County (the county with no hearing for uncontested cases) is my/our venue of choice, unless another county is listed here _________________. I/we will personally proofread the completed documents to ensure their accuracy, correctness and appropriateness before filing or allowing them to be filed. I/We will personally handle the delivery of all court documents and fees to the court and to other entities as is required to finalize my/our case, if the FREE Courthouse Courier Service is not selected below.
(_______)Wife (_______)Husband (initial the blank to the left to choose this service which is only available when cases are filed in Okaloosa County, Florida) I/We request that FloridaDivorceByMail.com provide FREE Courthouse Courier Service and I/we authorize delivery of, at no extra charge, the completed document(s) and fees to the Clerk of Court and to the newspaper if service is by publication (in the case of a missing spouse) and, if applicable, mail documents via regular U.S. mail to my spouse for signature (first mailing only). I/We will provide a separate check or money order payable to the Clerk of Court to cover the court fees.
By signing this Customer Agreement, the party/parties acknowledge(s) that the terms and conditions of the said Agreement are accepted.
(Only one signature is required below in the event a spouse is out of the area or unavailable to sign this form.)
DATED: ______________________
FloridaDivorceByMail.com
X
ACCEPTED BY:
Customer's Signature (Husband)
____________________________________
X
Customer's Signature (Wife)
INSTRUCTIONS: Print these forms, fill them out, then mail them to FloridaDivorceByMail.com with your payment enclosed ($210.00). If you cannot print the form, write your responses to the numbered questions on a plain sheet of paper instead. Clearly print or type. Please complete this form carefully and completely. The information you provide will be inserted into your forms for an uncontested dissolution of marriage with children. Do not leave any questions blank. Mark "NA" if the question does not apply to you. Be accurate and truthful. NOTE: The Petitioner must be a resident of the State of Florida for six (6) months prior to the filing for Dissolution of Marriage. If in the military services and stationed in Florida, Petitioner must have resided in Florida for six (6) months prior to filing. If in the military services and your home state is Florida and you are stationed elsewhere, Petitioner may also use this process for uncontested dissolution of marriage without making a court appearance. RETURN THIS FORM TO FloridaDivorceByMail.com, P.O. Box 2144, Foley, AL 36536.
1. Petitioner's full legal
name:_______________________________________________
and Social Security
No.:_________________________________________________
2. Respondent's full legal
name:______________________________________________
and Social Security No.:
_________________________________________________
Note: If you do not know
your spouse's Social Security No., it can be filled in by your spouse
on the appropriate form at the time the completed forms are signed by
your spouse.
3. Petitioner's present residence address (including
street, city, state, zip code, and county):
_____________________________________________________________________
4. Respondent's present residence address including street,
city, state and zip code):
____________________________________________________________________
5. Petitioner's home telephone no.:___________________ work no.:__________________
6. Respondent's home no.: _____________________ work no.:_____________________
7. Date of Marriage:__________________________ Place of
marriage (city and state,
country,
etc.):__________________________________________________________
If living apart, date of separation:_____________________________________________
8. Where did you last live together as husband and wife (city
and state, country, etc.)?
_____________________________________________________________________
9. List the full name(s), birthdates, sex and Social Security Number of the minor/dependent child/children common to both parties (including adopted child/children as well as children born during the marriage where the Husband is not the father including the name of the father for the child/children when the Husband is not the father):
Name Birthdate Sex SS#
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
10. Is the Wife pregnant? YES or NO (Circle One) If YES, what is the due date: _________________________
11. (a) List the names, addresses and dates (from and to) for the children and the name and relationship of the persons with whom the children lived at each address for the past five years:
Child's Name
Address
Dates for Residence
Relation Lived With
(From / To)
(including parents)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
(b) Have you participated in any other custody proceeding regarding the children? If so, give the name of the child, the type of proceeding, the location of the court (state and county), and the date of the order or judgment (if any):_____________________________________________
______________________________________________________________________
______________________________________________________________________
(c) Does any other person who is not a party to this action have physical custody or claim to have visitation rights? If so, give the name of the child involved, the name of the person, whether the person has custody or claims visitation rights.
______________________________________________________________________
______________________________________________________________________
(d) Are the child(ren) subject to any existing child support order(s)? YES or NO (circle one). If yes, please state: name of child, type of proceeding, court and address, date of order(s) and amount of support paid and by whom:_________________________________________
______________________________________________________________________
______________________________________________________________________
12. You will need a residency witness (someone that knows that you have been a Florida resident for 6 months prior to filing this action). The witness must sign an affidavit that we will provide. What is the full name, complete address and phone number of your residency witness? _____________________________________________________________________________________
_____________________________________________________________________________________
NOTE: If you are not sure who you will get to sign the form you may request a blank form here. _______________________________
13. (a) Is the Respondent over the age of 18? YES or NO (Circle One)
(b) Is the Respondent an active-duty member of the United States Uniformed Military Services? YES or NO (Circle One)
14. Is the Petitioner an active-duty member of the United States Uniformed Military Services? YES or NO (Circle One)
15. Is the Wife requesting her maiden or a former
married name be restored? YES or NO (Circle One) If so, please state the full name (no
initials) by which the Wife wishes to be known:____________
________________________________________________
16. Is the marriage irretrievably broken and cannot be reconciled? YES / NO (Circle One) If no, seek the advice of a marriage counselor before proceeding.
17. If either party's I.D. (Florida I.D. Card, driver's license; military I.D.) is listed under a different name than what is set out in either questions 1 or 2, please indicate the name as shown on the I.D. _________________________________________________ and provide an enlarged readable copy of the I.D.
18. Have you and your spouse already signed a written
Marital Settlement Agreement? YES or NO (Circle One)
A. If YES, provide the date it was entered into and provide the
original
so that it can be filed with your
petition and made a part of
your Final Judgment (divorce
decree).
Date Agreement was
signed:___________________
B. If NO, please fill out Questions 19 through 30.
NOTE: The information you provide below will be inserted into a generic marital settlement agreement form which contains a lot of "boiler plate" legal language. A marital settlement agreement is one of the most important documents you will ever sign. In it, you and your spouse will resolve issues regarding the minor children, set out how the assets and liabilities will be divided and also resolve other issues to your mutual satisfaction. If you do not understand the finished document and how it will impact your life, then you should have it reviewed and explained to you by a lawyer competent in family law. It is solely the responsibility of the parties to independently determine that this document is accurate, complete and appropriate before it is executed and filed with the court. Clearly describe the issues of your agreement in such a manner whereas a third party of reasonable intelligence can understand your intentions. It is not necessary to write in "legalese."
19. Which parent will be the primary physical residence parent of the minor child/children. HUSBAND or WIFE (Circle One), or other arrangement (explain):
_____________________________________________________________________
_____________________________________________________________________
20. List the visitation schedule for the secondary residence parent (i.e. every other weekend; Christmas even/odd years, from what day and time to what day and time; other holidays, spring break, summer visitation, birthdays, etc.) OR indicate if you wish to use the attached sample by checking here ______. Feel free to modify the attached visitation schedule by marking it with your changes to make it better fit your situation. If more space is needed, attach details on a separate sheet of paper.___________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
21. Is child support to be paid at this time or is the Court
to reserve the right to award support at a later time. In order for the court to approve
that child support be reserved there must be a good reason given. Parents cannot
waive child support. CHILD SUPPORT or RESERVED (Circle One). For child support to be paid,
state amount $____________ per ______________ (i.e. month; week, etc.) When due (1st;
15th; ½ on 1st and ½ 15th of the month, etc.): __________________________________ When
do payments begin___________________
Set forth reason if child support is to be reserved:____________________________________
_________________________________________________________________________
Click
here to view section 61.30, Florida Statutes, Florida's Child Support Guidelines.
22. Is the child support to be paid directly to the wife/husband or is it to be paid through the Clerk of the Circuit Court, Alimony and Child Support Division? ______________________________
If paid through the Court, a handling charge of 4% (minimum of $1.25 and maximum of $5.25) will be charged per payment.
IF CHILD SUPPORT IS TO BE PAID
THROUGH THE COURT please answer the following otherwise skip to question No. 23:
(a) Who will pay the child support: Husband/Wife (circle one)
(b) Provide the following information regarding the person paying support:
(1) Date of Birth:___________________________;
(2) Social Security No. ______________________________;
(3) Place and Address of Employment_____________________
________________________________________________;
(4) Other Sources of Income:______________________________
___________________________________________________
(c) Provide the following information regarding the person receiving support:
(1) Date of Birth:___________________________;
(2) Social Security No.________________________
23. Who is to provide hospitalization, medical and health
insurance coverage for the minor child/children? HUSBAND or WIFE (circle one) Are any
medical, dental, optical or orthodontic expenses which are not covered, and any excesses
in coverage to be divided equally between the parties or are they to be paid by only one
party? Equally_______ One Party ________ Who is the one Party: HUSBAND or WIFE (Circle
One). Set forth any special details:______________
_______________________________________________________________________
24. If either party owns life insurance on their life that is to remain in effect for the benefit of the minor child/children while they are minors, state which party: HUSBAND or WIFE or BOTH (circle one). State other details regarding life insurance: _____________________________
_______________________________________________________________________
_______________________________________________________________________
25. How are the MARITAL ASSETS to be divided. (The property you and your spouse acquired during the marriage.)
A. Check here _______, if all marital assets have already been
equitably divided between the parties to their mutual satisfaction and each party is in
possession and control of the particular marital assets they are to receive and TITLES for
the property (such as jointly titled automobiles, real estate, businesses, timeshares,
boats, planes, motorcycles, motorhomes, etc.) have already been changed into the party's
name alone. No change is needed to a title if the word "or" is between the
names on the title instead of "and". If that is the case, check
"B" below and list the property and who is to receive it in "C" below.
OR
B. Check here _______, if some marital assets have already
been equitably divided between the parties to their mutual satisfaction but there are
other jointly titled assets or other property to be divided. Specifically list the items
of property that is not yet divided and who is to receive it below in "C" (such
as jointly titled automobiles, real estate, businesses, timeshares, boats, planes,
motorcycles, motorhomes etc.).
OR
C. State who gets specific property; i.e., marital residence, automobiles, real property, etc.--In the case of a motor vehicle or mobile home state Cert. of Title #, VIN #, make, year, etc. (this information is on your tag receipt). In the case of the marital home or other real property--state if one party is to have use and possession with both parties to remain joint owners or if one party is to have sole ownership and whether the other party is to sign a quit-claim deed, etc. Use a separate sheet if needed. Provide a copy of the "legal description" of the real estate so it can be inserted in your Marital Settlement Agreement. Be specific and descriptive:
Asset Description Who is to own it
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
26. How are the MARITAL LIABILITIES to be divided. (Debts that you and your spouse have acquired during the marriage.)
A. Check here _________, if all marital liabilities have
already been equitably divided between the parties to their mutual satisfaction and each
party is to pay debts that are in their name alone.
OR
B. Check here ________, if some of the marital liabilities
have already been equitably divided between the parties to their mutual satisfaction and
each party is to pay debts that are in their name alone but there are other liabilities
still to be divided. Specifically list the liabilities still to be divided in
"C" (i.e., such as who pays a joint debt or a debt in the other spouse's
name).
OR
C. List the marital liabilities that have not been divided between the parties state who is to pay the debt; i.e., marital residence, automobiles, real property, credit cards, etc.) Be specific and descriptive:
Creditor Name/Description Who is to pay debt
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
27. Is alimony to be waived? YES or NO (Circle One)
If YES, please skip to question No. 28
If NO, please answer the following:
a. Who is to receive the alimony: HUSBAND or WIFE (Circle one)
b. What is the amount (per month/week/etc.) $______________ per
_________
c. How is it to be paid (i.e., weekly [giving day due such as
Mondays], monthly [giving due date such as 1st or 15th or
one-half on 1st & one-half on 15th):
_____________________________________________________________
d. When do payments
begin:__________________________________________
e. When does alimony end (i.e., for a set length of time; when
the Wife/Husband remarries, dies, cohabits with another man/woman, etc.).
Please give
details:___________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
f. Is it to be paid directly to the wife/husband or paid through
the Clerk of the Circuit Court, Alimony and Child Support Division
__________________________
If paid through the court, a handling charge of 4% (up to $5.25) will be charged per payment.
IF ALIMONY IS TO BE PAID THROUGH THE COURT please answer the following. If not skip to question No. 28:
(a) Provide the following information regarding the person
paying support:
(1) Date of Birth:_________________________;
(2) Social Security No. ___________________________;
(3) Place and Address of Employment_____________________
______________________________________________;
(4) Other Sources of Income:___________________________
_____________________________________________
________________________________________________
(b) Provide the following information regarding the person receiving support:
(1) Date of Birth:____________________________;
(2) Social Security No._______________________
28. Are the parties waiving their right to the other party's retirement, if any? YES / NO / NA (Circle one) If NO, please give details including amount (or percentage), when payments begin, date payments due (such as 1st; 15th), whether paid directly to spouse or by allotment, etc ____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
29. Who will claim the child\children for income tax purposes in the future? HUSBAND or WIFE (Circle One) Or if to be divided or alternated,state details: ________________________
____________________________________________________________________
____________________________________________________________________
30. State any other agreement between the parties that should be included in the Marital Settlement Agreement. Agreements which are not included in the Marital Settlement Agreement may not be enforceable, so get it in writing. Use a separate sheet of paper if needed (write "none" if there are no other issues remaining to be resolved):
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
I/We, the undersigned, have provided the foregoing information which is complete and to be inserted into my/our forms for an uncontested Dissolution of Marriage. Only one signature is required below in the event a spouse is out of the area and unavailable to sign this form.
Please provide the name and e-mail address to contact in the event clarification is required: _______________________________________________________________
Dated:______________________
____________________________________
Customer's Signature
____________________________________
Customer's Signature
Type of Credit Card (Circle One): VISA - MasterCard -
Discover - American Express
Account No. _____________________________________ Expiration Date: _________
Exact Name as Appears on Credit Card:______________________________________
Exact Credit Card Account Billing Address:____________________________________
_____________________________________________________________________
The card issuer is authorized to pay the amount of $210.00
for the products and/or services
described above in the Florida Divorce Information Form With Minor Children. I affirm
my obligations under the card member agreement.
X____________________________________ Date:_______________________
Signature
Mail to: FloridaDivotceByMail.com, P O Box 2144, Foley, AL 36536
or Fax to: (815) 301-1824
SECONDARY RESIDENTIAL PARENT'S MINIMUM ACCESS AND TIMESHARING SCHEDULE: Not as a limitation, but as an extension of the foregoing, the secondary residential parent has the right to share time with the children according to the following schedule:
A. MID-WEEK AND WEEKEND TIMESHARING: From 5:00 P.M. until 8:00 P.M. on Wednesday evening of each week, and from 5:00 P.M. on Friday until 5:00 P.M. on Sunday every other weekend. These timesharing schedules shall be superseded by the December Holiday, Thanksgiving and Spring Break schedules set forth below and shall be modified during the Summer Vacation Break each year to accommodate any special vacation plans made by either parent.
1) Notice: If the parents are residing within the same
geographic area,
then the secondary residential parent shall give notice (verbal
or written) at
least twenty-four (24) hours in advance only if he/she does not
intend to
exercise midweek or weekend timesharing rights with the child.
If the
parents are not residing within the same geographic area, the secondary
residential parent shall give notice (verbal or written) at least
seven (7) days in
advance if he/she does intend to have the child reside
with him/her for a scheduled
midweek visit or weekend.
The
custodial parent shall provide the noncustodial parent notice at least 24
hours in advance if weekend timesharing is not going to be
possible with the child
because of the illness of the child or due to other
extraordinary, unforeseen
circumstances.
If
timesharing is canceled due to illness of the child or other extraordinary,
unforeseen circumstances, the parent missing the timesharing
shall have the right to
compensatory time with the child within 30 days.
2) "Friday" and "Monday" holidays: Regular weekend
timesharing shall
begin at 6:00 P.M. on Thursday if that Friday is a public school
or legal holiday and
shall extend until 6:00 P.M. on Monday if that Monday is a public
school or legal
holiday.
3) Homework/readiness of children: The primary residential parent shall
insure that the children have adequate and proper clothing, and
the secondary
residential parent shall insure that the furnished clothing is
returned. The secondary
residential parent shall insure that the children complete all
assigned homework during
midweek and weekend timesharing and shall have the children
bathed and ready for
bed if they are being returned to their primary residence after
7:00 P.M.
B. DECEMBER HOLIDAYS: For approximately one week during the December holiday period each year, beginning at 5:00 P.M. on the day that school recesses for the December holiday period and ending at 12:00 noon on December 26th in odd-numbered years, and beginning at 12:00 noon on December 26th and ending at 6:00 P.M. on the day before school resumes in even-numbered years. The actual length of this timesharing period may vary each year depending upon the child's school holiday calendar and when Christmas Day actually occurs.
1)
Notice [preferably in writing] of intent to exercise December Holiday
timesharing shall be given no later than December 1st each year.
C. THANKSGIVING HOLIDAYS: >From 6:00 P.M. on the day that school recesses for the Thanksgiving holidays until 6:00 P.M. on the following Sunday in even-numbered years.
1)
Notice [preferably in writing] of intent to exercise Thanksgiving Holiday
timesharing shall be given by November 1st of each appropriate
year.
D. SUMMER VACATION BREAK: For the first half of the children's summer vacation break (including the Fourth of July holiday) in even-numbered years, and the last half of the children's summer vacation break in odd-numbered years. For purposes of this Agreement, the summer vacation break is defined to begin at 6:00 P.M. on the date that school recesses for the summer and to end seven (7) days before school reconvenes for the following fall term.
1)
Notice in writing of intent to exercise summer timesharing shall be given
by May 1st of each year.
2)
Reciprocal midweek and weekend timesharing during summer
months: The primary residential parent shall have the
same weekend and midweek
timesharing rights as the secondary residential parent enjoys
during the rest of the
year.
3)
Planned Vacations: Midweek and weekend timesharing during the
Summer Vacation Break shall be modified whenever either
parent has specific
vacation plans for the children or the children have special
activities planned, e.g.
camp. The parent missing regularly scheduled timesharing due to
vacation plans shall
have the right to make-up the time within 45 days.
4)
Transportation: The noncustodial parent shall be responsible for
transporting the children back and forth to the custodial
parent's home at his/her
expense for reciprocal midweek and weekend timesharing.
5)
Summer school attendance: Each parent has the obligation to ensure
that the child attends required remedial summer school necessary
for promotion to the
next grade. If the secondary residential parent resides outside
the child's geographic
area, he/she shall have the option at his/her expense to enroll
the child in an
equivalent summer school session meeting the necessary
requirements in the
secondary residential parent's area so as not to defeat the
secondary residential
parent's ability to share time with the child during the summer.
E. SPRING BREAK: From 6:00 P.M. on the day that school recesses for the Spring Break holiday until 6:00 P.M. on the day before school resumes, in even-numbered years.
1)
Notice [preferably in writing] of intent to exercise Spring Break
timesharing shall be given 30 days in advance each applicable
year.
OTHER TIMESHARING SCHEDULES:
A. MOTHER'S DAY, FATHER'S DAY, & PARENTS'S BIRTHDAYS: The children shall spend Father's Day and the father's birthday with their father, and Mother's Day and the mother's birthday with their mother, from 9:00 A.M. until 6:00 P.M. on the day of the event. These arrangements shall supersede any other regularly-scheduled timesharing periods.
1)
Notice: If the parents are residing within the same geographic
area, the
noncustodial parent shall give notice (verbal or written) at
least twenty-four (24)
hours in advance only if he/she does not intend to
exercise this timesharing.
If the
parents are not residing within the same geographic area, the
noncustodial parent shall give notice (verbal or written) at
least seven (7) days in
advance if he/she does intend to exercise this
timesharing.
B. CHILD'S BIRTHDAYS: In even-numbered years, the child shall celebrate with the primary residential parent from 5:00 P.M. the evening before until 4:00 P.M. on the child's birthday, and the child shall celebrate with the secondary residential parent from 4:00 P.M. on the child's birthday until 5:00 P.M. the following day. In odd-numbered years, this schedule shall be reversed. This arrangement will supersede any other regularly-scheduled timesharing arrangements.
1)
Notice (verbal or written) of intent to exercise this timesharing shall be
given 7 days prior to the child's birthday.
C. OTHER TIMES: The children shall be entitled to share time with the secondary residential parent at all other times agreed upon by the parents. If the parties are not residing within the same geographic area and the secondary residential parent has an opportunity to be in the locality of the children's primary physical residence, he/she shall have the right to share time with the children upon one (1) week's advance notice to the primary residential parent.
ADDITIONAL PARENTING RESPONSIBILITIES:
A. WAITING: Absent telephonic communication of extenuating circumstances, the child and the custodial parent have no duty to await the noncustodial parent for more than thirty (30) minutes of the scheduled timesharing period. A parent who is late for weekend timesharing forfeits timesharing for that weekend. A parent who is late at the beginning of a regularly-scheduled timesharing period other than a weekend forfeits the time until the next day.
B. TRANSPORTATION: The secondary residential parent shall be responsible for all transportation or transportation expenses associated with timesharing, except that the parties shall equally share the responsibility and cost of transportation for the child to travel to and from the secondary residential parent's residence for December Holiday and summer timesharing each year.
If the parents are unable to agree, the secondary residential parent shall be responsible for transportation at the beginning of the timesharing period, and the primary residential parent shall be responsible for transportation at the end of the timesharing period.
Until age 11, no child shall be required to travel on any public carrier (e.g. bus, train, or airplane) unaccompanied by a responsible adult (including pre-arranged airline personnel) without the other parent's express consent.
Approved child safety seats or seat belts when allowed by age or weight must be used at all times when transporting the child by vehicle or airplane.
C. BACKUP CARE: Assuming the parents reside in the same geographic area, each parent shall be given the opportunity and shall have the right to have the child with him/her when the child would otherwise be left alone or with a babysitter, daycare provider or facility, or other third party for any period of time exceeding four (4) hours. Both parents are encouraged to offer each other the opportunity to serve as "first choice babysitter" whenever either parent needs childcare for the child.
D. RELIGIOUS, SCHOOL AND EXTRACURRICULAR ACTIVITIES: It is in the children's best interest to participate in religious activities, school programs and regularly-scheduled extracurricular activities appropriate for their ages and talents, such as sports, dance, modeling, and music lessons. When residing within the same geographic area, each parent has the duty to inform the other, and the right to attend, all such activities in which the children are participating. This includes the right to participate in and attend activities with the children at school, including eating lunch with the children.
The children shall have the right to attend Church and/or Sunday School at the Church attended by the custodial parent during the time they are scheduled to be with that parent.
Each parent shall make a good faith effort to deliver the child to scheduled activities on time and in appropriate attire. If not also attending an activity, the parent who delivers a child has the duty to ensure that the child is also picked up. Except for such regularly-scheduled activities, neither parent will make commitments for the child during the time the child is normally scheduled to share time with the other parent without the other parent's knowledge and consent.
If the parties are not residing in the same geographic area, the noncustodial parent shall have no obligation to see that the child attends any extracurricular activities scheduled by the custodial parent during the regularly-scheduled timesharing periods. [For example, the custodial parent cannot refuse to honor the noncustodial parent's spring or summer vacation time with the child simply because the child has a baseball game or practice during that time.]
E. NOTIFICATION OF RELOCATION: The primary residential parent shall give the secondary residential parent written notice at least ninety (90) days in advance of any plan to permanently relocate with the children outside of the parties' geographic area.
F. GRANDPARENT AND RELATIVE CONTACT: It is presumptively in the children's best interest that they maintain a relationship with the maternal and paternal grandparents and other close family. The parents should allow the children reasonable access and telephonic contact with grandparents and close family.
EXCEPTIONS TO ABOVE TIMESHARING SCHEDULES BASED UPON AGE OF CHILD:
A. TIMESHARING WITH INFANTS:
1) Birth to Six Months: Recognizing that consistency and continuity of care by a small circle of nurturing and stable caregivers is in the best interest of infants in order to maximize physiological stabilization, bonding and attachment, the infant should have contact with both parents but not be removed from the care of the primary residential parent for long periods of time. Therefore, the secondary residential parent shall have the right to share time with the infant for three (3) two-hour blocks of time each week. If the parents are unable to agree otherwise, these timesharing periods shall be scheduled at the child's residence from 5:00 P.M. to 7:00 P.M. on Tuesday and Thursday evening of each week, and on Saturday or Sunday (to alternate each weekend) between 3:00 P.M. and 5:00 P.M.
2) Six Months to One Year: Recognizing that infants this age need a specific daily structure to develop a sense of trust, security and confidence that their dependency needs will be met, and a safe, familiar environment from which to explore and build their self-awareness and semi-independence, the secondary residential parent, in addition to the timesharing rights provided above for infants between birth and six months, shall have the right to share time overnight with the child away from the child's primary residence for one evening each week from 5:00 P.M. until 10:00 A.M. the following morning. If the parties do not otherwise agree, this overnight visit shall take place on Friday or Saturday night, alternating each week.
3) Notice: If the parents are residing within the same geographic area, the noncustodial parent shall give notice (verbal or written) at least twenty-four (24) hours in advance only if he/she does not intend to exercise this timesharing.
If the parents are not residing within the same geographic area, the noncustodial parent shall give notice (verbal or written) at least seventy-two (72) hours in advance if he/she does intend to exercise this timesharing.
B. TIMESHARING WITH
TEENAGERS: As the children get older and become more involved with their own
activities and peers as part of the natural process of "separation" from the
parents, it may become more difficult to maintain the timesharing schedules set out above.
Both parents should maintain maximum flexibility in developing alternatives to any rigid
timesharing schedules.