Other Talk "Otterville" plus Religion/Politics

Someone proofread this document for me!

Old 05-25-05, 02:10 PM
  #1  
Suspended
Thread Starter
 
Join Date: Oct 2003
Posts: 3,598
Someone proofread this document for me!

I wrote a thread a couple months ago, asking for marital advice. After a lot of time thinking about my options etc, I have decided to get a divorce.

My ex and I are able to work out everything civally, which is the best thing that I could ever hope for, being that I have two small children (ages 2 and 3).

Here is the document that I need to include to the courts, any suggestions, ideas on how this document could be improved would be greatly appreciated.

Here we go.

To Whom It May Concern:

This is an agreement written by Nicholas J XXXXX and Rosemarie C XXXXX regarding the custody, visitation, and child support of our children Jacob R. XXXXX and Gabrielle A. XXXXX. We both hereby agree to the following:

Nicholas J. XXXXX will be awarded sole custody of Jacob R. XXXXX and Gabrielle A. XXXXX, subject to visitation as follows:
Rosemarie C. XXXXX will have visitation of Jacob R. XXXXX and Gabrielle A. XXXXX at least two (2) weekends every month. Jacob and Gabrielle will be with Rosemarie from Friday evening until Sunday evening on the weekends in which she has visitation. Both Nicholas and Rosemarie are open to schedule changes that may occur, and both parties are willing to work with one another to insure that the children will be seen by Rosemarie at least two (2) weekends per month. Nicholas and Rosemarie will also share major holidays with Jacob and Gabrielle. Nicholas or Rosemarie will have them for the first half of the day, during that holiday, and the other parent will have them for the second half of the day. Major holidays consist of Easter, Thanksgiving, and Christmas.
Both Nicholas and Rosemarie will celebrate birthdays together with the children.

Due to the financial hardship that Rosemarie C. XXXXX is currently enduring, Nicholas and Rosemarie hereby agree that child support will not be required to be paid by Rosemarie at this time. However, when Rosemarie’s job/income improves, Rosemarie will be responsible to pay for half of the medical insurance, half of the daycare expenses, and a portion of food, clothing, and other expenses to be decided at a later time.

Everything written above has been agreed upon by both Nicholas J. and Rosemarie C. XXXXX.

Signed:

Petitioner,
Nicholas J. XXXXX
__________________

Respondent,
Rosemarie C. XXXXX
__________________

Thanks in advance.
gimmepilotwings is offline  
Old 05-25-05, 02:14 PM
  #2  
DVD Talk Hero
 
das Monkey's Avatar
 
Join Date: May 1999
Location: Atlanta, GA
Posts: 35,881
gimmepilotwings

I wrote a thread a couple months ago, asking for marital advice. After a lot of time thinking about my options etc, I have decided to get a divorce.

My ex and I are able to work out everything civally, which is the best thing that I could ever hope for, being that I have two small children (ages 2 and 3).

Here is the document that I need to include to the courts, any suggestions, ideas on how this document could be improved would be greatly appreciated.
I wrote a thread a couple months ago, asking for marital advice. After a lot of time thinking about my options etc, I have decided to get a divorce.

My ex and I are able to work out everything civally civilly, which is the best thing that I could ever hope for for which I could ever hope, being that I have two small children (ages 2 and 3).

Here is the document that I need to include to the courts, . Aany suggestions, or ideas on how this document could be improved would be greatly appreciated.
das
das Monkey is offline  
Old 05-25-05, 02:19 PM
  #3  
Suspended
Thread Starter
 
Join Date: Oct 2003
Posts: 3,598
You are proofreading my intro to the document, not the actual document itself!
gimmepilotwings is offline  
Old 05-25-05, 02:21 PM
  #4  
DVD Talk Legend
 
Join Date: Feb 2003
Posts: 14,204
Well, first things first -- you should learn your kids last names and not just use a bunch of X's.
NCMojo is offline  
Old 05-25-05, 02:23 PM
  #5  
Suspended
Thread Starter
 
Join Date: Oct 2003
Posts: 3,598
I knew someone was going to mention that....
gimmepilotwings is offline  
Old 05-25-05, 02:25 PM
  #6  
HN
DVD Talk Hall of Fame
 
Join Date: Oct 1999
Location: Los Angeles, CA
Posts: 8,359
-some of your middle initials are missing dots

-define evening? "in accordance with what Cingular deems as 'Off-peak / weekend minutes'"

Last edited by HN; 05-25-05 at 02:29 PM.
HN is offline  
Old 05-25-05, 02:28 PM
  #7  
DVD Talk Legend
 
Join Date: Jul 2000
Location: Arizona, USA
Posts: 23,460
Originally Posted by das Monkey
das
that's what I was gonna do.
Trigger is offline  
Old 05-25-05, 02:30 PM
  #8  
DVD Talk Hero
 
das Monkey's Avatar
 
Join Date: May 1999
Location: Atlanta, GA
Posts: 35,881
I'd change "in which" to "during which" for better flow, but it reads coherently enough that grammar is of little consequence.

I don't know anything about anything with regard to this subject, and it's great that you're working things out civilly, but it's a bit vague. Who decides which weekends or which half of a holiday? What happens if one of you does not hold up his end of the bargain? Will birthdays be literally celebrated "together", or is it an odd sharing thing like holidays?

Only Nicholas J. XXXXX knows how much he trusts Rosemarie C. XXXXX, but if the relationship deteriorates over time, this document doesn't provide as many specifics as you may want 2 years from now.

As a side note, I hope things work out for you. Divorce can be really fucked up, and I hope you (and your kids) are able to avoid as much of the nastiness as possible.

das

Last edited by das Monkey; 05-25-05 at 02:32 PM.
das Monkey is offline  
Old 05-25-05, 02:37 PM
  #9  
Suspended
Thread Starter
 
Join Date: Oct 2003
Posts: 3,598
Thank you for the suggestions das and HN, I appreciate it. I will more clearly define "evening" although I wanted to purposely leave it vague so that it did not have to be at the same time each weekend.

Anyone else have any suggestions?

Last edited by gimmepilotwings; 05-25-05 at 02:51 PM.
gimmepilotwings is offline  
Old 05-25-05, 03:15 PM
  #10  
DVD Talk Legend
 
Join Date: Feb 2003
Posts: 14,204
On a serious note... I think you'd better define what you mean "the first half of the day".

And this phrase:

a portion of food, clothing, and other expenses to be decided at a later time
... will get you in trouble later on. As will the vague understanding that she will pay "when her job situation improves". Improves to what? When she is working 40 hours a week? When she makes over $20,000? When she hits six figures? You've gotta do a bit more work here.

And am I to understand you are attempting to do up a custody agreement on your own, without a lawyer??? That's crazy talk.
NCMojo is offline  
Old 05-25-05, 03:23 PM
  #11  
DVD Talk Special Edition
 
Join Date: Feb 2000
Location: Texas
Posts: 1,624
I would change "visitation of" to "visitation with" but I could be all wrong. I also second the advice to be less vague about when you expect her to start paying child support.
beavismom is offline  
Old 05-25-05, 03:27 PM
  #12  
DVD Talk Godfather
 
The Bus's Avatar
 
Join Date: Aug 2001
Location: New York
Posts: 54,851
My legal fees as a bonafide Junior Legal Graduating Person with a Full Degree in Laws & Such from Jarvard College University of Guadalajara are 60 pesos per hour. If you agree, I can revise your document.
The Bus is offline  
Old 05-25-05, 03:29 PM
  #13  
DVD Talk Legend
 
Join Date: Feb 2003
Posts: 14,204
Originally Posted by The Bus
My legal fees as a bonafide Junior Legal Graduating Person with a Full Degree in Laws & Such from Jarvard College University of Guadalajara are 60 pesos per hour. If you agree, I can revise your document.
Dude, that's like 13 cents a day. Seriously, sign him up!
NCMojo is offline  
Old 05-25-05, 04:22 PM
  #14  
Suspended
Thread Starter
 
Join Date: Oct 2003
Posts: 3,598
Originally Posted by NCMojo
On a serious note... I think you'd better define what you mean "the first half of the day".

And this phrase:



... will get you in trouble later on. As will the vague understanding that she will pay "when her job situation improves". Improves to what? When she is working 40 hours a week? When she makes over $20,000? When she hits six figures? You've gotta do a bit more work here.

And am I to understand you are attempting to do up a custody agreement on your own, without a lawyer??? That's crazy talk.
NCMojo, it very well may be crazy talk to do up a custody agreement on my own, without a lawyer, but this document was written together by my spouse and I and it is on the way to being notorized as well. The courts would have a hard time awarding custody to my ex when she has an unstable job and living situation, and barely makes more than minimum wage. I have no worries that my ex will try and take them from me. She does not want them. She is an unfit mother as it is, and everyone, including family members on both sides feel and believe that them being raised with me is the best thing for the children. She has seen her children a grand total of twice within the past 6 weeks, and one of them was was just yesterday in order to write up this custody agreement. She spent a grand total of 15 minutes with them yesterday. Some people just do not have it in them to be the type of parent that their children deserve. She is one of them. My children have already been with me for the past two months.

Last edited by gimmepilotwings; 05-25-05 at 04:26 PM.
gimmepilotwings is offline  
Old 05-25-05, 04:26 PM
  #15  
Suspended
Thread Starter
 
Join Date: Oct 2003
Posts: 3,598
Originally Posted by NCMojo
Dude, that's like 13 cents a day. Seriously, sign him up!
anyone got 13c a day that I can borrow?
gimmepilotwings is offline  
Old 05-25-05, 04:28 PM
  #16  
Suspended
Thread Starter
 
Join Date: Oct 2003
Posts: 3,598
Originally Posted by NCMojo
On a serious note... I think you'd better define what you mean "the first half of the day".

And this phrase:



... will get you in trouble later on. As will the vague understanding that she will pay "when her job situation improves". Improves to what? When she is working 40 hours a week? When she makes over $20,000? When she hits six figures? You've gotta do a bit more work here.

And am I to understand you are attempting to do up a custody agreement on your own, without a lawyer??? That's crazy talk.
She is ordered by the court to inform them if she gets a new job or when she gets a raise within 10 days. I can also resubmit documentation to the court, asking for child support at any time. At that time, we can either come up with an agreement, or the court can order her to pay whatever amount that they deem necessary.
gimmepilotwings is offline  
Old 05-25-05, 09:22 PM
  #17  
DVD Talk Legend
 
Join Date: Feb 2003
Posts: 14,204
Originally Posted by gimmepilotwings
She is ordered by the court to inform them if she gets a new job or when she gets a raise within 10 days. I can also resubmit documentation to the court, asking for child support at any time. At that time, we can either come up with an agreement, or the court can order her to pay whatever amount that they deem necessary.
So wait... are you intending this to be a legally binding document or not?

Look, it sounds like what you need is full custody. You can choose to let her have the kids at any point, for whatever length of time you feel comfortable with -- but you'd maintain full rights to your kids.

If your soon-to-be-ex does not want the kids, she should be willing to sign over custody. That will make things easier later on. What happens if your wife goes out, finds Jesus, cleans up and wants full custody? With the handmade document you have crafted, there is a ton of wiggle room -- and in fact the whole thing could be rendered null and void by a crafty lawyer.

If you have full custody... well, it is much more difficult for her to try and take the kids away from you. Without a legally binding document... courts favor the mother, and believe me, you will get screwed.
NCMojo is offline  
Old 05-25-05, 10:18 PM
  #18  
DVD Talk Limited Edition
 
Join Date: Apr 2001
Location: Just north of Atlanta
Posts: 5,215
and both parties are willing to work with one another to insure that the children will be seen by Rosemarie...
I guess it's just a matter of personal preference, but I would use 'ensure' rather than 'insure'.
johnglass is offline  
Old 05-26-05, 07:10 AM
  #19  
DVD Talk Legend
 
Join Date: Feb 2003
Posts: 14,204
Originally Posted by johnglass
I guess it's just a matter of personal preference, but I would use 'ensure' rather than 'insure'.
Not a matter of personal preference at all - they are two entirely different words:

Ensure vs. insure.
NCMojo is offline  
Old 05-26-05, 01:19 PM
  #20  
DVD Talk Limited Edition
 
Join Date: Apr 2001
Location: Just north of Atlanta
Posts: 5,215
Originally Posted by NCMojo
Not a matter of personal preference at all - they are two entirely different words:

Ensure vs. insure.

Did you even look at the links you provided?

The definition of Ensure: To make sure or certain; insure

Ensure is also listed as a synonym for Insure, and vice versa obviously.
johnglass is offline  
Old 05-26-05, 01:24 PM
  #21  
DVD Talk Legend
 
Join Date: Feb 2003
Posts: 14,204
Originally Posted by johnglass
Did you even look at the links you provided?

The definition of Ensure: To make sure or certain; insure

Ensure is also listed as a synonym for Insure, and vice versa obviously.
Moving to Grammar Forum...

Technically, you're right, but in common usage, "ensure" and "insure" have two entirely different meanings. You insure your house or car; you ensure that you'll pay that money back to the loan shark.

On next week's show, we'll discuss the usage of the word "irregardless"....
NCMojo is offline  
Old 05-26-05, 01:29 PM
  #22  
DVD Talk Godfather
 
The Bus's Avatar
 
Join Date: Aug 2001
Location: New York
Posts: 54,851
Ensure:


Insure:
The Bus is offline  
Old 05-26-05, 02:46 PM
  #23  
Suspended
Thread Starter
 
Join Date: Oct 2003
Posts: 3,598
Originally Posted by NCMojo
So wait... are you intending this to be a legally binding document or not?

Look, it sounds like what you need is full custody. You can choose to let her have the kids at any point, for whatever length of time you feel comfortable with -- but you'd maintain full rights to your kids.

If your soon-to-be-ex does not want the kids, she should be willing to sign over custody. That will make things easier later on. What happens if your wife goes out, finds Jesus, cleans up and wants full custody? With the handmade document you have crafted, there is a ton of wiggle room -- and in fact the whole thing could be rendered null and void by a crafty lawyer.

If you have full custody... well, it is much more difficult for her to try and take the kids away from you. Without a legally binding document... courts favor the mother, and believe me, you will get screwed.
Thank you NCMojo for all of the comments/concerns. The document does state that I will be given sole custody of the children, and that she will be given visitation. Eventhough this will be a legally binding document, either one of us could technically go to the courts, and asked that they decide the fate of our children, instead of using this document. I could go to the courts one week after, and ask them to not let her have any visitation at all. (they probably would not grant that request, because she has not put them in any danger)

It will be a legally binding document, and we will have to appear in front of a judge in due time and I will have a chance to plead any concerns that I may have with my ex.

thank you for the suggestions on the insure vs. ensure as well btw, as well as the english lesson as to when/why to use each one.
gimmepilotwings is offline  
Old 05-27-05, 03:58 PM
  #24  
DVD Talk Special Edition
 
Join Date: Mar 2000
Posts: 1,849
Another vote for getting some actual legal advice from a family law specialist in your state. Suggestions already given should be incorporated, including more specifics as to exactly how the weekends for visitation will be chosen, when they start/stop (I would put in an acceptable range if you're concerned about a specific time), who decides what holidays "are" (there are a lot of holidays on the calendar that are rarely celebrated, like arbor day), who decides which parent gets the first half of the holiday vs. the second half (what is a "half" anyway?), etc.

I realize you want to save aggravation and attorney fees, but just because she's being reasonable now does NOT mean that she will remain so until both kids are 18. Please have an attorney look at this and advise you - better safe than sorry where your kids are concerned.
WarriorPrincess is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Thread Tools
Search this Thread

Archive Advertising Cookie Policy Privacy Statement Terms of Service

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.