Draft the custody provisions of a separation agreement in accordance with the following instructions:
TO: Polly Paralegal
FROM: Anita Attorney
RE: Ramirez Divorce
As you know, we represent Maria Ramirez in her current divorce action.
I just completed a round of settlement negotiations, and I would like you to make the first draft of the
custody and visitation provisions of the separation agreement. Following are the things you need
to know in order to do this:
a. The parties have one child, a daughter named Lucinda Harris, age 8.
b. Both parents work outside the home, with the mother working about 35 hours per week and
the father working about 50.
c. Both parents have a good relationship with Lucinda, although Mom is clearly the primary parent.
d. Ms. Ramirez and her husband, John Lewis, cannot stand each other, although they think they
can handle shared legal custody.
e. The real issue is physical custody. We have more or less reached agreement as to when each
parent will spend time with Lucinda, but we are stuck regarding how to define the arrangement.
Dad is adamant that he not be called the “visiting parent,” and Mom is adamant that the arrangement
not be called “joint physical custody.”
f. Your job is to set forth the parenting plan with a creative solution to what you call it. Please set
forth the full parenting time arrangements, including holidays, school vacations, summer vacations, etc.
[NOTE: This is different from the assigment in the textbook!]
g. Here are the agreed-on time allocations:
1. Lucinda will stay at Mom’s house during the school week, with the exception of Wednesday nights,
when Dad wil pick her up and she will stay with him. He will then drop her off to school Thursday morning.
2. Every other week, Lucinda will stay with Dad from 10 a.m. on Saturday until school-time on Monday,
and he will take her to school. On the other weekends he will spend Saturdays from 10 a.m. until
8 p.m. with her.
h. As you can see, Mom has the bulk of time, and there is no doubt in anyone’s mind that she will do
the most of the general parenting stuff, such as schedule doctor’s appointments, buy clothes, etc.,
but it’s also clear that Dad has some real time with her.
