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An uncontested divorce or paternity action need not require the two of you to hire attorneys. You need only find a Certified Mediator, hack out the agreement, in detail, file it with the court, and set a hearing date. On that day the judge will swear both of you in, ask if you both agree to the terms set down in the document, than everyone signs it. Generally, there is a 30-60 day waiting period for the document to be recorded with the county and state registries.

The mediator will be a lawyer or paralegal, with specialized training. Each of you MUST pay half the fees. The fees could run from $200 to $1000, depending on the going rates in your area, and time spent on the document. Court fees could run $50 to $150, but if you are tight on money, you could request a waiver.

These are the things you NEED to cover in the document.

CUSTODY

Soul Custody

Joint Legal Custody

Joint Physical Custody

Bird Nest Custody (see below)

VISITATION

How close do you live to him?

How old is the child?

How often?

What specific weeks, or months?

What specific holidays on in a list of years, do each parent get the children?

What if the custodial parent wants to move out of state?

MEDICAL

Who covers medical insurance?

Who decides on treatment?

CHILD SUPPORT

How much?

Weekly, Bi-Weekly, or Monthly?

How Long? Eighteen, High School, or End of College

Do you split the cost of college?

What state(s) may they attend in?

What is the minimum amount of college credit hours the child must take?

Who gets the tax deduction(s)?

What if the child gets pregnant? Does child support stop?

DEATH

If the residential parent dies, who gets the child? Never assume anything.

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BIRD NEST CUSTODY

It's a form of access or custody where the children stay in the former family residence and it is the parents who rotate in and out separately and on a negotiated schedule.

The children simply live at "home" and the separated or divorced parents take turns living with them there, but never at the same time.

The core element of this arrangement is that each parent maintains a separate residence where they live when it is not their turn at the "bird's nest". When one parent arrives for his/her designated time, the other vacates right away, so as to minimize or eliminate the presence of both at the same time.

At times, bird's nest access can be coupled with specified access with the other parent say, for example, for dinner one night a week.

Sometimes, this form of access or custody will end when the youngest child reaches the age of majority at which time, one parent either buys the other out of their interest, if any, in the former family residence, or it is sold and the proceeds divided pursuant to the matrimonial property regime or separation agreement.

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16y ago

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