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HTP Company
California Divorce Sample
Documents
Phone: 805.493.4450
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This
Agreement, dated as of December 1, 2002 (the "Effective Date"), is made
between JOE FORGGER ("Respondent") and JANE E. FORGGER ("Petitioner"), sometimes
referred to jointly as the "Parties" or separately as "Party."
SECTION
1: GENERAL INFORMATION
1.1
Factual Information.
The following information is set forth by the Parties:
The
full legal name of Respondent is JOE FORGGER. He has also been known as
JOESH FORGGER. His mailing address is 1923 Andres Circle, Thousand Oaks,
CA 91375. He was born on June 20, 1958.
The
full legal name of Petitioner is JANE E. FORGGER. She has also been known
as JANE E. JONES. Her mailing address is 137 W. Avenue de los Arboles
#398, Thousand Oaks, CA 91777. She was born on November 14, 1958.
The
Parties were married on June 23, 1983. The date of the Parties' separation
was August 14, 1999 ("Separation Date"). The Parties signed a Marital
and Transmutation Agreement dated March 18, 2001, attached hereto marked
“Exhibit A.”
The
Parties have one minor child, SARA FORGGER (F), born November 16, 1993.
1.2
Agreement to Separate.
The Parties have agreed to separate and live permanently apart. The
purpose of this Agreement is to make a final and complete settlement of rights
and obligations arising out of the Parties' marriage, including their respective
property rights and support rights.
1.3
Proceedings.
There is a proceeding for dissolution of marriage between the Parties on file in
the Superior Court of the State of California, County of Ventura, East County
Division, Case Number SD0222222. The Petition was filed by Petitioner on
August 11, 1999. The court acquired jurisdiction over Respondent on August
19, 1999.
SECTION 2: CHILD CUSTODY
2.1
Custody.
The Parties have one minor child, SARA FORGGER (born November 16, 1993).
The Parties shall have joint custody of the minor child under Family Code
section 3002. "Joint Custody" under Section 3002 "means joint physical
custody and joint legal custody." "Joint Legal Custody" under Section 3003
"means that both parents shall share the right and the responsibility to make
the decisions relating to the health, education, and welfare of a child."
"Joint Physical Custody" under Section 3004 "means that each of the parents
shall have significant periods of physical custody. Joint physical custody
shall be shared by the parents in such a way so as to assure a child of frequent
and continuing contact with both parents, subject to Sections 3011 and 3020."
2.2
Periods of Physical Custody.
In exercising joint physical custody, the Parties shall strive for an effective
and flexible co-parenting arrangement that is in the best interest of the child.
The Parties agree to comply with the terms of the following plan for sharing
physical custody of the child:
JANE
FORGGER ("Petitioner") and JOE FORGGER ("Respondent") agree to cooperate in the
parenting of the child.
Primary
Residence. The primary residence of the child shall be with Petitioner.
The child shall reside with each parent according to the following schedule.
Monday
through Thursday. While school is in session, the child shall be with
Respondent from after school daycare from 4:00 p.m. until 5:45 p.m., or no later
than 6:30, at which time Petitioner will pick up the child. Respondent
will have the option, upon 12 hours notice to Petitioner, to have the child from
4:00 p.m. on Tuesday and Thursday until the commencement of school on Wednesday
and Friday.
Weekends. The child shall be with Respondent from after school daycare
from 4:00 p.m. on Friday until 1:00 p.m. on Saturday. Petitioner shall
have the child from 1:00 p.m. on Saturday until 1:00 p.m. on Sunday.
Respondent shall have the child from 1:00 p.m. on Sunday until 7:00 p.m. on
Sunday.
Holidays. The parents shall share the child on holidays and school breaks,
as follows:
a. Thanksgiving.
The child shall be with Respondent from Thanksgiving Day through the following
Sunday at 6:00 p.m., or the child will be with both parents as mutually agreed.
The deciding factory shall be determined by the travel schedule of Respondent's
parents.
b. Christmas Eve and
Day. The child shall be with Petitioner from 8:00 p.m. Christmas Eve
through Christmas Day. The child may be with Respondent on Christmas
evening as mutually agreed.
c. Other
Non-Scheduled Custodial Time. Petitioner and Respondent shall share as
agreed all other non-school time, not specified above, equally. This shall
include at least two non-consecutive, uninterrupted weeks for each Party.
24
sections to follow, plus a excellent Marriage (Prenuptial) Contract
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