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CUSTODY AGREEMENT

IN CONSIDERATION of the circumstances and mutual covenants set forth


in this Custody Agreement, the parties agree as follows:

WHEREAS the parties are the parents of the minor child, EMMALYN
DINOY LITERATUS who was born on 03 October 2013 in Don Carlos,
Bukidnon, and the parties wish to enter into this Custody Agreement in
order to settle the care and custody of EMMALYN DINOY LITERATUS
taking into consideration her best interest and welfare.

LEGAL CUSTODY & DECISION MAKING.

The father shall have sole and exclusive custody of the child and all final
decision-making authority related to significant matters impacting the
welfare of the child, including but not limited to, matters of education,
religion and health care. Notwithstanding the foregoing, the mother shall,
in every case, be provided the opportunity to participate in the decision-
making process as to any matter.

RESIDENTIAL CUSTODY & ACCESS RIGHTS.

The father shall have residential custody of the child who shall maintain
residence at Barangay Sampagar, Damulog, Bukidnon. As such, the child
will reside at the father’s residential address, and the mother shall be
entitled to visitation rights at any reasonable time. In the event of the
father’s death or in the event the father is otherwise incapable or unable to
perform his responsibilities as custodial parent for the child, the mother
will assume all such responsibilities as custodial parent.

Notwithstanding anything contained in or implied by the foregoing, and


subject to the below provisions, the mother shall have access to the child in
accordance with the schedule and terms set forth below:

The mother will have access to the child on any day of the week but may
only bring the child out of Barangay Sampagar, Damulog, Bukidnon on
weekends. As such, the mother may fetch the child in the afternoon of
Fridays but will return the child to the father in the afternoon of the
following Sunday not later than 6:00 pm. Provided however that the child
willingly goes with her mother and provided further that the education
and welfare of the child will not be adversely affected thereby. The
exceptions to the foregoing are the following:

Birthdays. If the mother would not otherwise have access to a child


on her birthday or birthday of the mother, the mother shall
nevertheless have access to the child for up to Ten (12) hours.

Vacations. The mother shall have up to two (2) weeks of cumulative


unrestricted access to the child, during the summer months, for
vacation, provided the mother works in good faith with the father
and uses best reasonable efforts to schedule such vacation on dates
convenient for the father.

Option. The mother may opt to stay and live with her offspring at the
father’s residence. Provided, that this option will be exercised by the
mother within three (3) months from the execution of this agreement.

IN WITNESS WHEREOF, the parties assisted by their respective counsel


hereto have this 10th day of September 2018 caused this Agreement to be
executed and duly delivered in Valencia City, Bukidnon.

MOTHER: FATHER:

DEILYN A. DINOY EMMANUEL G. LITERATUS

Assisted by: Assisted by:

Public Attorney’s Office FT Garay Law Office


Valencia City, Bukidnon Don Carlos, Bukidnon

Atty. Marianne Aiza T. Ga Atty. Florentine T. Garay

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