Can an agreement be made before the baby's born?

Going to try this on for size... thoughts?

Prenatal Letter of Agreement

THIS AGREEMENT is made by and between P. Simon Winky and Jane Anne Cremer.

1. This pre-natal agreement between Jane Anne Cremer and P. Simon Winky is in preparation for the birth of a child due to be born in April 2004. This binding agreement sets forth both parenting and custody arrangements. The elements of this plan have been developed with the best interests of the child in mind.

2. Jane Anne Cremer, the mother, resides at 395 Center Avenue in the City of Durham in the State of North Carolina and is employed as a customer service representative by Simeon, Inc. P. Simon Winky, the presumptive father, resides at 1925 Bowler Parkway in the City of Raleigh in the State of North Carolina and is employed as a manager with Plaid Enterprises, Inc.

3. Jane Anne Cremer and P. Simon Winky are not married; Jane Anne Cremer is pregnant, and P. Simon Winky is the presumptive father.

4. This agreement is nullified if genetic testing determines P. Simon Winky is not the biological father. If this agreement is nullified based on the results of genetic testing, P. Simon Winky has no rights or responsibilities with regard to the child.

5. Herein after in this agreement, Jane Anne Cremer will be referred to as “mother,” and P. Simon Winky will be referred to as “father.”

6. The mother and father agree the child will be named James Simon Cremer Winky, if a boy; if the child is a girl, she will be named Debra Kathleen Cremer Winky.

7. The mother and father agree to joint legal and joint physical custody of the child. The mother and father agree to share decision making responsibilities for the child. The parents will jointly make parenting decisions, coordinating education, discipline, and all other child rearing activities. Both the mother and the father agree to cooperate; to use best efforts, good faith, and due diligence; to subjugate their own technical rights, selfish interests, and possible negative feelings toward each other, all in the best interest and welfare of the child.

8. Neither parent shall be required to provide the other parent any financial support or funds, including child support, except as outlined specifically in this agreement.

9. The parents agree that physical proximity is important in jointly raising a child. The parents agree to live, if possible, in the same school district zone when the child reaches school age. Both parents acknowledge the father owns a home in the City of Raleigh and the mother is renting a home in the City of Durham.

10. The child will spend 26 weeks a year with the mother and 26 weeks a year with the father. The child will be with each parent, alternating weeks, Sunday night to Sunday night, the weeks starting at 6pm local time. This rotation will start within 2 weeks after the child is no longer solely breast feeding. The father will generally have “even” weeks and the mother will have “odd” weeks. The week starting 9 May 2004 is an “even” week.

11. The mother shall pay for child-care during the weeks the child is scheduled to be with the mother (usually “odd” weeks), and the father shall pay for child-care during the weeks the child is with the father (usually “even” weeks).

12. No matter whether they are “even” or “odd” weeks, the child will be with the mother during the week in which Halloween falls, and the child will be with the father during the week in which Thanksgiving falls.

13. If either parent is required to travel for business or personal emergency, both parents will work together to provide care plan for the child. Both parents will continue to pay for childcare during their normal weeks.

14. Both parents agree that higher education is important for career development, personal growth, and family relationships. The mother agrees to return to school by September 2004 to pursue an undergraduate degree. The father will enable this through additional childcare and support as needed and as he is able. In addition, both parents agree the child should be able to attend college if the child wants; as such, the parents agree to pay such sums as the College Scholarship Service, or other organization recognized by the college or university, determines are applicable from the information provided in the Financial Aid Forms.

15. Both parents agree to purchase at least $25,000 worth of term life insurance with the child named as the beneficiary. This insurance shall be maintained at least until the child turns 18 years old.

16. If the father is recalled to active duty military service and is unable to care for the child personally, the mother will care for the child in the father’s absence. During this period, the father will continue to pay for child-care during the even weeks and will, in addition, pay the mother 1/4 of his BAH allowance received during all periods of active duty. During periods of active military service, the type of legal and physical custody will not change.

17. The father may, in the future, choose to return to teaching as a profession. In this case, he may move from Raleigh/Durham. If the father returns to academia, and the mother chooses not to relocate to the same city, the custody arrangement will change. The parents will share joint legal custody, and the mother will have sole physical custody. The father, as the non-custodial parent, will have generous visitation rights to include all of summer vacation and the Thanksgiving holidays. If the mother chooses to relocate to the same city, the custody arrangement will not change and will remain the same as if both parents were residing in Raleigh/Durham.

18. If the mother, or the father for any reason not specifically cited above, moves from Raleigh/Durham, the custody arrangement will change. The parents will share joint legal custody. The parent who resides in Raleigh/Durham will have sole physical custody. The non-custodial parent will have visitation rights which include half the child’s summer vacation from school; if the child is not yet of school age, the summer visitation with the non-custodial parent will be four weeks. Additional visitation would include Thanksgiving holidays if the non-custodial parent is the father, or one week during the Christmas/New Year holidays if the non-custodial parent is the mother. If the custodial parent subsequently moves from Raleigh/Durham, the custody arrangement will change. Physical custody will be shared, divided by academic year, the father having physical custody in academic years ending in odd years and the mother having physical custody in academic years ending in even years. The years shall run from 1 August to 31 July. If both parents choose to relocate to the same city, the custody arrangement will remain the same as if both parents were residing in Raleigh/Durham.

19. The parent with whom the child is physically located will provide transportation to the other parent when the child shifts physical location.

20. For tax purposes, the father will claim the child as a dependent for “even” tax years, and the mother will claim the child as a dependent in “odd” tax years. If the legal custody changes from joint physical custody, as cited above, the custodial parent will claim the child as a dependent for tax purposes.

21. The child will be raised a Christian in the Lutheran and/or Methodist traditions. The father and mother will strive to regularly attend church services with the child.

22. The father will maintain health insurance for the child until the child reaches the age of majority or 23 if a full-time student. This health insurance might not include dental insurance. Both parents will equally share health costs not covered by health insurance.

23. The parents both agree neither is eligible for the Special Supplemental Nutrition Program for Women, Infants, and Children (commonly known as WIC) due to their individual income levels; both parents agree not to seek WIC or other governmental assistance.

24. If the father chooses, and can afford to pay tuition and other costs, the child may attend independent school, including boarding school.

25. The parents agree that should either parent die before the child reaches the age of majority, the other parent shall have sole legal and sole physical custody of the child. The surviving parent shall ensure the minor child stays in contact with and visits the family members of the deceased parent. The surviving parent will make all decisions relevant to any familial visits.

26. Both parents shall have a parent’s right of access to the child’s scholastic, medical, and dental records.

27. If there is any appearance before the Courts with regard to custody, support, or other child rearing issues, both parties agree that this agreement will be entered to the Court and that they will ask the court to ratify, approve, confirm, and incorporate this valid agreement between the parents into any Order issued by the court.

28. Both parents enter into this agreement freely and without reservation and without duress.

29. If a court or competent authority subsequently overturns any clause of this agreement, or if the parents subsequently agree to any modification of any clause of this agreement, all other parts of this agreement shall remain in force. A change in one clause does not nullify any other aspects of this agreement.

30. The parents agree that any oral statements or prior written materials concerning any aspect of raising the child shall not have any force or effect. This agreement represents the entirety of the parents’ agreement concerning child custody and support.

31. The parents concur it is the intention and agreement of each that no change of any clause of this agreement shall be effected in any manner.

In witness of this agreement, each parent has signed this agreement, acknowledging this binding agreement as setting forth their plan for raising their child.


__________________________ (SEAL) ____________ (Date)
Peter Simon Winky, Father

__________________________ (SEAL) ____________ (Date)
Jane Anne Cremer, Mother