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Would this be the proper wording?

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Lele316

Member
What is the name of your state (only U.S. law)? PA
Want to file for a uncontested divorce and try to safe myself the expense of an attorney but still want to make sure I am wording things correctly.
Grounds for divorce is adultery
I will have sole physical and legal custody of our daughter.
He will have long distance visitation which consists of all school breaks, alternating major holidays, and 5 weeks of summer.
I will have holidays on even years he will have holidays on odd years.
Any additional visitation will be by mutual consent.
We will share transportation costs.
Child support as ordered, NYS ____ county Docket # _____.
He is to have her covered on his insurance plan and cover 100% of all unreimbursed medical cost minus copays. I will be responsible for copays.
Visitaion will begin will summer visit.

Is this written correct?
 
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Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? PA
Want to file for a uncontested divorce and try to safe myself the expense of an attorney but still want to make sure I am wording things correctly.
Grounds for divorce is adultery
I will have sole physical and legal custody of our daughter.
He will have long distance visitation which consists of all school breaks, alternating major holidays, and 5 weeks of summer.
I will have holidays on even years he will have holidays on odd years.
Any additional visitation will be by mutual consent.
We will share transportation costs.
Child support as ordered, NYS ____ county Docket # _____.
He is to have her covered on his insurance plan and cover 100% of all unreimbursed medical cost minus copays. I will be responsible for copays.
Visitaion will begin will summer visit.

Is this written correct?
Why should he cover 100% of all unreimbursed medical costs? Does medical include dental, orthodontic and optical expenses? Why should YOu have sole physical and legal custody?
Your child will be with him from the MOMENT school is dismissed for ALL school breaks until the night before school begins again? Neither of you will split holidays for the year? How will you share costs? Who moved? Why by mutual consent? What type of other contact will there be for each of you? Is he consenting to this and agreeing to everything you are requesting? Why does he not get to see his child until summer? How old is the child? What types of activities is the child interested in? Are you going to go the whole time your child is with dad without talking to her? What is the mandated language required in a child support order?
How are you planning to prove adultery? Don't count on proving it by him admitting to it. Is there a no fault ground that you can use?
I could continue but quite frankly, you are missing quite a bit.
 

Lele316

Member
Why should he cover 100% of all unreimbursed medical costs? Does medical include dental, orthodontic and optical expenses? Why should YOu have sole physical and legal custody?
Your child will be with him from the MOMENT school is dismissed for ALL school breaks until the night before school begins again? Neither of you will split holidays for the year? How will you share costs? Who moved? Why by mutual consent? What type of other contact will there be for each of you? Is he consenting to this and agreeing to everything you are requesting? Why does he not get to see his child until summer? How old is the child? What types of activities is the child interested in? Are you going to go the whole time your child is with dad without talking to her? What is the mandated language required in a child support order?
How are you planning to prove adultery? Don't count on proving it by him admitting to it. Is there a no fault ground that you can use?
I could continue but quite frankly, you are missing quite a bit.
I will try to answer all of you questions...
As per the current child support order he s to cover all unreimbursed medical because that is what he requested at the time of that court date. It includes medical dental and vision which she is covered for under his policy.
We have both agreed I would have sole physical and legal custody. He trusts me to make all of her decisions as I always have.
I didnt think it meant the minute is out til it starts I figured the next day to the day befor but obviously your right and that needs to be more specific.
We both feel it will be easier to go on a rotating yearly schedule rather then just alternate each holiday.
We will share the cost by him paying the cost to come and get her and me paying the cost to go and pick her up.
We have been living in different states since we seperated almost 2 yrs ago.
As far as mutual consent what I meant is i am sure things will come up that him or I would want to see about having her outside of the orders and we agreed that we would agree on those as they come.
If you mean by other contact phone calls and such we discussed that while she is with either one of us pohne calls, skype and such will be available for us both to utilize.
Yes we discussed all of these things this morning in fact, some of these are his requests and some are mine. We usually dont have any problems discussing issues that have to involve our daughter.
The visitaion is said to begin in the summer because that is what he requested to give him time to get a larger apt to accomodate our daughter.
Our daughter is 3 yrs old.
She has various activities she is interested in like any other 3 yr old.
I will not be going the whole time without speaking to her I will be speaking to her everyday at least once a day just to say hey, would love to say I will call her all day but I wouldnt as much as I would be missing her I want her to enjoy her time with her father and not be a constant interuption.
* I dont understand what you mean about the child support order, we already have a child support order, is there a part of that that you would like me to post?
Yes he does admit to the adultery and has a child from it and has no problem that being the grounds for divorce.
BTW thank you for your reply
 

LdiJ

Senior Member
I will try to answer all of you questions...
As per the current child support order he s to cover all unreimbursed medical because that is what he requested at the time of that court date. It includes medical dental and vision which she is covered for under his policy.
We have both agreed I would have sole physical and legal custody. He trusts me to make all of her decisions as I always have.
I didnt think it meant the minute is out til it starts I figured the next day to the day befor but obviously your right and that needs to be more specific.
We both feel it will be easier to go on a rotating yearly schedule rather then just alternate each holiday.
We will share the cost by him paying the cost to come and get her and me paying the cost to go and pick her up.
We have been living in different states since we seperated almost 2 yrs ago.
As far as mutual consent what I meant is i am sure things will come up that him or I would want to see about having her outside of the orders and we agreed that we would agree on those as they come.
If you mean by other contact phone calls and such we discussed that while she is with either one of us pohne calls, skype and such will be available for us both to utilize.
Yes we discussed all of these things this morning in fact, some of these are his requests and some are mine. We usually dont have any problems discussing issues that have to involve our daughter.
The visitaion is said to begin in the summer because that is what he requested to give him time to get a larger apt to accomodate our daughter.
Our daughter is 3 yrs old.
She has various activities she is interested in like any other 3 yr old.
I will not be going the whole time without speaking to her I will be speaking to her everyday at least once a day just to say hey, would love to say I will call her all day but I wouldnt as much as I would be missing her I want her to enjoy her time with her father and not be a constant interuption.
* I dont understand what you mean about the child support order, we already have a child support order, is there a part of that that you would like me to post?
Yes he does admit to the adultery and has a child from it and has no problem that being the grounds for divorce.
BTW thank you for your reply
Ok, then if you are both in agreement what you need to do is think about each item that you are putting in the agreement, and think about possible conflicts in the future that could be avoided by being more specific.

Do a google search for the Indiana Parenting Time Guidelines and read through those. Those are about as thorough as something can get. It will give you ideas of things that you may want to be more specific about in your agreement.
 

Lele316

Member
Ok, then if you are both in agreement what you need to do is think about each item that you are putting in the agreement, and think about possible conflicts in the future that could be avoided by being more specific.

Do a google search for the Indiana Parenting Time Guidelines and read through those. Those are about as thorough as something can get. It will give you ideas of things that you may want to be more specific about in your agreement.
Thank you for the tip will do!
 

Lele316

Member
As far as the visitaion aspect of the visitation, is this laid out better?

The non-custodial parent shall have visitation with minor child of the parties as follows:

A. Time of Visitation

Spring Break: Every year from 8 a.m. the day after Spring Break commences until 6:00 p.m. the Sunday Spring Break ends.

Fall Break: In odd years (i.e. 2013, etc.) from 6:00 p.m. the day after school is out in the resident school district until 6:00 p.m. two days before school reconvenes.

Christmas: In odd years (i.e. 2013, etc.) from 6:00 p.m. the day school is out in the resident school district continuing for seven (7) consecutive days to 6:00 p.m. the seventh day; provided, however, that said visitation shall never commence prior to December 19th of a given year. (For purposes of this calculation, the day school is out is not counted.)


Summer:
First Visitation: The summer visitation shall commence at 6:00 p.m. the first Sunday after Memorial Day and continue for five weeks ending at 6:00 p.m. on that Sunday.


Transportation

The parents shall share equally the costs of providing the necessary transportation to carry out the visitation orders outlined above.

Election Not to Exercise

In the event the non-custodial parent elects not to exercise any visitation approved herein during any calendar year, the non-custodial parent shall give the custodial parent fourteen (14) days advance written notice of the non-custodial parent’s intent not to exercise such visitation.

Additional Long Distance Visitation

The non-custodial parent may obtain additional long distance visitation upon obtaining prior consent of the custodial parent, which consent shall be in writing and designate the time and date of pick-up and delivery of the child/children and the agreement as to how the costs of transportation for said additional visit shall be borne.


EMERGENCY

In the event of an emergency involving the minor child’s health or welfare, the parent in possession of the child shall promptly notify the other parent and either parent may visit the minor child without giving notice to the other parent at reasonable times and places under the circumstances. In the event of an injury to the child involving a doctor’s appointment or hospitalization, the parent in possession of the child shall notify the other parent within 2 (2) hours.

TELEPHONE

Liberal telephone communication between each parent and the child or children is encouraged and should occur.


This is something I foiund on the internet and I changed little things to coincide with what we had discussed.
 

LdiJ

Senior Member
As far as the visitaion aspect of the visitation, is this laid out better?

The non-custodial parent shall have visitation with minor child of the parties as follows:

A. Time of Visitation

Spring Break: Every year from 8 a.m. the day after Spring Break commences until 6:00 p.m. the Sunday Spring Break ends.

Fall Break: In odd years (i.e. 2013, etc.) from 6:00 p.m. the day after school is out in the resident school district until 6:00 p.m. two days before school reconvenes.

Christmas: In odd years (i.e. 2013, etc.) from 6:00 p.m. the day school is out in the resident school district continuing for seven (7) consecutive days to 6:00 p.m. the seventh day; provided, however, that said visitation shall never commence prior to December 19th of a given year. (For purposes of this calculation, the day school is out is not counted.)


Summer:
First Visitation: The summer visitation shall commence at 6:00 p.m. the first Sunday after Memorial Day and continue for five weeks ending at 6:00 p.m. on that Sunday.


Transportation

The parents shall share equally the costs of providing the necessary transportation to carry out the visitation orders outlined above.

Election Not to Exercise

In the event the non-custodial parent elects not to exercise any visitation approved herein during any calendar year, the non-custodial parent shall give the custodial parent fourteen (14) days advance written notice of the non-custodial parent’s intent not to exercise such visitation.

Additional Long Distance Visitation

The non-custodial parent may obtain additional long distance visitation upon obtaining prior consent of the custodial parent, which consent shall be in writing and designate the time and date of pick-up and delivery of the child/children and the agreement as to how the costs of transportation for said additional visit shall be borne.


EMERGENCY

In the event of an emergency involving the minor child’s health or welfare, the parent in possession of the child shall promptly notify the other parent and either parent may visit the minor child without giving notice to the other parent at reasonable times and places under the circumstances. In the event of an injury to the child involving a doctor’s appointment or hospitalization, the parent in possession of the child shall notify the other parent within 2 (2) hours.

TELEPHONE

Liberal telephone communication between each parent and the child or children is encouraged and should occur.


This is something I foiund on the internet and I changed little things to coincide with what we had discussed.
That is certainly better, but still a little vague in some aspects.
 

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