Agreement On Custody and Support

 

AGREEMENT ON CUSTODY AND SUPPORT 

KNOW ALL MEN BY THESE PRESENTS:

 This Agreement is entered by and between:

 ___________________________ , of legal age, Filipino, (civil status) and a resident of (residence). -and-

 ___________________________   of legal age, Filipino, (civil status) and a resident of (residence).

WHEREAS, Parties have a child name  _________________________ WHEREAS,  ______________________________________  _____________   born _____________________ in ______________________, WHEREFORE, Parties have agreed on the matters of support and custody in WHEREFORE, connection with their child, as follows: I. 

GUIDING PRINCIPLES

A. 

Best Interest of the Child In all decisions involving the children of the parties, the best interest of the child will be the primary consideration

B. 

Good Faith Both parties will honor the agreement in good faith and assume that both parties are acting in good faith in the implementation of this Agreement.

C. 

Recognition of Each Other as Co-Parents Both parties recognizes each other as common parents of their child, give respect to their role as parents and will mutually cooperate with each other for the best interest of the child.

D. 

Flexibility Both parties agree to be flexible with regards to the visitation arrangement taking into consideration the developmental stage of the child, her best interest and welfare and the living conditions and personal circumstances of both parents. Page | 1

 

E. 

Mediation Both parties agree that in case of disagreement or conflict with any of the terms in this Agreement, they will first exert efforts to resolve the conflict through mediation. Court proceedings will be taken only as a last resort. Mediation can be done through lawyer to lawyer or to a third neutral party acceptable to both parties.

II. 

PARENTING

A. 

 The Father shall have access and visitation rights with the Child every weekends starting from Friday of 5:00 P.M. to Sunday of 5:00 P.M. The visitation rights shall commence from Friday, (date);  (date);  

B. 

In this Child visitation agreement, the Mother agrees to extend the Father’s visitation rights in the event event of a legal holiday falling over a long weekend. The Father’s visitation rights will extend from 5:00 P.M., of the beginning of the three-day weekend until 5:00 P.M. on Sunday or Monday, depending on the last day of the holidays. Other legal holidays that may fall on a Tuesday or Wednesday may be alternated between the parents;   parents;

C. 

 The Child shall be with the Mother on her birthday and on Mother’s Day. Subsequently, the Child will be with the father on his birthday and on Father’s Day for a reasonable period period of time as long as it does not interfere with school hours or bedtime;  bedtime;  

D. 

 The Father shall have visitation rights for one-half of the Christmas school holiday every year. Every year, the parents shall have alternate the schedule between the first and second half of the Christmas school holidays. During the Easter school holiday, the parents will follow a similar schedule;  schedule; 

E. 

 The non-custodial parent shall spend as much time with the Child as possible and agrees not to leave the Child in the custody of other people or any environment, other than a homely environment;  environment; 

F. 

Both parents undertake to avoid arranging any activities that can interfere with the schedules of the other parent set forth in this child visitation agreement;  agreement; 

G. 

 The non-custodial parent shall inform the custodial parent in the event of any unforeseen circumstances that may prevent him from exercising his visitation rights during the year;  year;  

H. 

If the non-custodial parent fails to arrive at the times specified in the child visitation agreement, the custodial parent will only wait for one hour and will consider the visitation cancelled unless prior intimation is provided by the non-custodial parent;  parent; 

I. 

In emergencies, both parents are authorized to take any steps in order to protect the health and welfare of the Child;  Child; 

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J. 

Each parent shall intimate the other of any change in his/her residential address, telephone numbers including workplace and home, the Child’s school details, and of any change of location that may occur for more than five (5) days during the year. The information is strictly for the purpose of the Child’s safety and shall not be used as a medium to invade on the other’s privacy;  privacy; 

K. 

Neither parent shall say anything of a derogatory nature against the other in the presence of the Child. Both parents hereby agree to refrain from making statements that may tend to dissuade the Child from spending time with the other parent.  parent.  

III. 

FINANCIAL SUPPORT OF THE CHILD Both parties shall provide the necessary support for their Child. In the case of financial support, as much as possible, IT WILL BE EQUALLY DIVIDED between the Parents, taking into consideration the financial capacity of each parent.

IV. 

MUTUAL PROVISIONS

A. 

 This Agreement on Custody and a nd Support is binding to both parents and supersedes any other oral or written child visitation agreements;  agreements;  

B. 

Both parents hereby declare that they have understood the terms and conditions of this Agreement.  Agreement. 

IN WITNESS WHEREOF, both WHEREOF, both Parents hereby affixed their signature this  __ day of _______________, 2012, ________________. ___ _____________.

ACKNOWLEDGMENT Republic of the Philippines City of Manila

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BEFORE ME, in the City of Manila, this _____ day of _____________, 2012, personally appeared the following: NAME

GOVERNMENT ISSUED ID

PLACE OF DATE OF ISSUANCE ISSUANCE

All known to me and known to be the same persons who executed the foregoing instrument and acknowledged before me that the same is their free and voluntary act and deed as well as those of the entities they represent.

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Said instrument refers to the Agreement consisting of four (4) pages, including this page of Acknowledgment, signed by the parties and their witnesses and sealed with my notarial seal.

Book No. _____ Doc. No. _____ Page. No. ____ Series of 2012.

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