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  1. #1
    Determined2 is offline Junior Member
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    notarized document

    What is the name of your state (only U.S. law)? Wisconsin

    The father and I have joint custody of our 2 children. We came up with our own visitation agreement that we have been following for more than a year now. I want to put it into writing and I need to know what information I should include within the document that will make sure it holds up in court in-case we ever needed to use it. Im just not sure that having it notarized will be enough.What is the name of your state (only U.S. law)?
  2. #2
    DAD09 is offline Registered User
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    Regarding...

    My understanding of that situation is that notarized documents only certify the people signing the documents are whom the say they are. OP could dispute the document(s) were altered after the fact. Court Orders are the law of the land.
    Last edited by DAD09; 01-15-2010 at 08:28 PM. Reason: grammar
  3. #3
    CJane is offline Senior Member
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    You'll need to draw it up as an modified parenting plan, both of you sign it (copy the back page of your original plan if you need to know how to word it) and then FILE IT WITH THE COURT.

    You will not need to actually go in front of a judge in most cases, but it WILL need to be incorporated into the order if you want it to be enforceable.
  4. #4
    Determined2 is offline Junior Member
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    Quote Originally Posted by CJane View Post
    You'll need to draw it up as an modified parenting plan, both of you sign it (copy the back page of your original plan if you need to know how to word it) and then FILE IT WITH THE COURT.

    You will not need to actually go in front of a judge in most cases, but it WILL need to be incorporated into the order if you want it to be enforceable.
    The original plan just gives us joint custody but I have full-placement. He wants joint placement and says we are going to court in March.
  5. #5
    CJane is offline Senior Member
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    Quote Originally Posted by Determined2 View Post
    The original plan just gives us joint custody but I have full-placement. He wants joint placement and says we are going to court in March.
    So what visitation plan have you been following?
  6. #6
    Determined2 is offline Junior Member
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    I have them sunday-tuesday and he has them wednesday-friday and we alternate saturdays.
  7. #7
    LdiJ is offline Senior Member
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    Quote Originally Posted by Determined2 View Post
    I have them sunday-tuesday and he has them wednesday-friday and we alternate saturdays.
    You are already exercising a full 50/50 schedule. What does he want that he doesn't already have?

    Is he wanting your current schedule to be court ordered or does he want something else?
    Last edited by LdiJ; 01-15-2010 at 09:39 PM.
  8. #8
    Determined2 is offline Junior Member
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    The court ordered full placement to me about 6 years ago. He wants the court order to state that we have joint placement.
    He wants it to be documented that we have been following this plan for some time now so that he will be given joint placement when we go to court in March.
    I am providing the document that we plan on getting notarized before we go to court.
  9. #9
    CJane is offline Senior Member
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    Quote Originally Posted by Determined2 View Post
    The court ordered full placement to me about 6 years ago. He wants the court order to state that we have joint placement.
    He wants it to be documented that we have been following this plan for some time now so that he will be given joint placement when we go to court in March.
    I am providing the document that we plan on getting notarized before we go to court.
    Well, it only makes sense, if you've had a 50/50 schedule for 2 years that you have joint placement (legally speaking).

    Do you NOT want this? Or are you just trying to make sure whatever you're submitting is correct?
  10. #10
    hermes77 is offline Member
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    From what I understand you're both on the same side of this one, so you could easily have the attorneys draw it up, sign it, and have it filed with the court without having to actually go to court.

    It's a good idea for you two to put the agreement down in writing and file it with the court because it protects both the children and the adults fi something should happen. I can see a situation where if something were to happen to you, the state might take the children because he doesn't have any legal custody. Then he';d have to fight the state for them. Since this is non-adversarial it should be a simple document for the atty to write. Probably not all that expensive too.
  11. #11
    Determined2 is offline Junior Member
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    I prefer that him and I work things out between each other and we have been doing that well. I would not mind if the court ordered joint placement. At this time I am just cooperating by providing the document since its not going to hurt anything. BUT.....I do plan on relocating to Florida soon.We have even discussed parenting plan for when that time comes. Previously he would not agree to me moving. But now since we have to go to court, and he needs me to agree that we have been following this 50/50 plan, he may just be telling me that to make me happy. Im starting to think that he may be trying to get the joint placement to stop me from making the move even though he has verbally agree.
  12. #12
    hermes77 is offline Member
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    daha the plot thickens.

    Well, when you go to court why not plan what will happen if either parent decides to move more than some distance from the other. To be truthfull it sounds like you two are working together (nice to see), so there shouldn't be too much acrimony in court.
  13. #13
    Determined2 is offline Junior Member
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    Can we both have joint placement when I move out of the state?
  14. #14
    hermes77 is offline Member
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    I'm not an atty, but I don't see why not. It'd just be in terms of months rather than days I imagine.
  15. #15
    LdiJ is offline Senior Member
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    Quote Originally Posted by Determined2 View Post
    I prefer that him and I work things out between each other and we have been doing that well. I would not mind if the court ordered joint placement. At this time I am just cooperating by providing the document since its not going to hurt anything. BUT.....I do plan on relocating to Florida soon.We have even discussed parenting plan for when that time comes. Previously he would not agree to me moving. But now since we have to go to court, and he needs me to agree that we have been following this 50/50 plan, he may just be telling me that to make me happy. Im starting to think that he may be trying to get the joint placement to stop me from making the move even though he has verbally agree.
    I suspect that he does want to get the joint placement in order to stop you from moving to FL.

    If you want to know whether or not he is sincere in agreeing to allow the move to FL, then your agreement, and what you put in writing, should be a stipulation for the current schedule, AND an agreement that you will be allowed to relocate with the children to FL, and a stipulation for what the timesharing will be once you move.

    If he refuses to agree to stipulate that to the court, then you will know that he does not intend to cooperate with the move.

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