), physical (living with one parent while the other can visit according to the agreement terms), and sole custody (one parent has full control over everything that has to do with the child while the other is removed from the picture). If the parents are unable to agree on custody, the court may issue a temporary custody order that may remain in effect until an agreement is reached or a hearing takes place. Cultura RM Exclusive / Stefano Gilera / Getty Images. A custodians responsibility is to hold assets on behalf of the actual owner. Track opens, views, and time spent on each page. If the court is notified of a violation of a custody order with ample evidence to back up the claims, the court may take action against the offender. When you visit the site, Dotdash Meredith and its partners may store or retrieve information on your browser, mostly in the form of cookies. 4 attorney answers. Once the parents finish creating the Child Custody Agreement, they can elect to have their own attorneys review the document and then sign, either in front of their attorneys or witnesses and a notary. Q: What is Mediation? While child support and custody can be covered in a separation agreement, they are often settled through court orders. The Uniform Gifts to Minors Act allows minors to own property including securities. Examples of legal custody authority: Physical custody is where the child will live. Each jurisdiction has its own rules for how to format a child custody agreement. If you are unsure of your rights, seek professional assistance. A common example of a void contract is one in which a performer agrees to a set of shows, but then becomes injured and cannot perform after all. If the terms of the child custody agreement are not specific, it may leave the door open for a new child custody suit. The cookie is used to store the user consent for the cookies in the category "Analytics". 3. If there is no custody order, both parents have an equal right to custody, and either can lawfully take physical possession of the child at any . How Does a Uniform Gifts to Minors Act (UGMA) Account Work?
457 Plan vs. 403(b) Plan: What's the Difference? The parents will not discuss conflicts pertaining to the children, their court case, or their own personal issues during the exchange times. Custody can be classified as joint or sole. Confidentiality: However, he has been living with me and my husband (his father) for the past few years and before that on and off as my mom and I would have falling outs and she would take him back from me. If the account owner were to die, the custodian could be responsible for liquidating the funds in the account and then see to the distribution of the assets to the beneficiaries in accordance with the parameters of the decedents estate. There came a time when I realized that individuals and smaller entities were not receiving the same level of legal support and guidance as mid-size to large companies and as a result, individuals and small businesses were not growing and sustaining on the same level. A thrift savings plan (TSP) is a retirement investment program open only to federal employees and members of the uniformed services. Another way agreements can be void is through uncertainty. The first question is whether the agreement was made into A court order. Firstly, the document addresses the issue of custody in the following manner: Physical custody -- This encompasses where the children will live and how the visitation schedule will work. The Federal Reserve Treasury book-entry system for the United States, Interests. If both parents agree to the new custody agreement, both should sign and date the document. They will not automatically be granted their preferred custody arrangement as the court still must rule . Sean Blackburn is a fact-checker and researcher with experience in sociology and field research. Both the father and mother will be collectively referred to as the "Parties" in this Agreement. It builds upon existing legal documents such as child support orders, and consists of sections on legal custody and decision making, general provisions, transportation and exchange, and residential custody and access rights. A gang of thieves may make an agreement to steal a valuable painting and split the proceeds evenly. The non-custodial parent, [parent 2], will, except in the event of an emergency, be given the opportunity to make significant decisions. A child custody agreement is very similar to a parenting plan. Stepmomming Coaching and Support | All Rights Reserved. Every state except Massachusetts has adopted the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"). Legal custody is the ability to make decisions for the child. click here. 18.2-49.1.Violation of court order regarding custody and visitation; penalty. Some states specify an age, while others do not. You can change a custody agreement without going to court if you are able to agree with the other parent; on the modified custody agreement. The most common child custody agreement is a joint agreement with either 2-2-3 or 2-2-5 plans (the numbers stand for the days that a child spends with each parent). Agreements that do not currently exist but are agreed to potentially exist in the future are also legally void, unless all items in the agreement are actually agreed. Services that I have provided over the course of my career: (i) reviewing, drafting and negotiating commercial agreements (leases, MSAs and SOWs, consulting services agreements, confidentiality agreements, SaaS agreements, coaching agreements, independent contractor agreements, coaching agreements, photographer agreements, waivers and releases, licensing agreements, etc. The Parties agree to exchange the child at [address]. Generally, there are three categories of actions that could steer a custody case toward this outcome. Joint custody is shared by both parents, while sole custody means one parent is the custodian. 1. With the increasing number of new businesses, I knew that I could make a difference to those that needed legal guidance but were putting it off in fear of Big Law prices. The best thing parents can do to protect each other,and the child, is to be specific with all of the terms in the child custody agreement. Attorney creating plans and strategies to help individuals create, build, protect and pass on wealth. Legally, a void agreement means the contract or agreement is no longer enforceable.3 min read. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. This Agreement covers all of the essential details of how parents will raise their children together. Feel free to consult with your lawyer when writing this Agreement. Whether or not child support will be given is a measure that can be included in custody agreements but is more often seen in marital settlement agreements if parents are filing for divorce. Once a state takes the case, called jurisdiction, they then retain control over the case until a court decides that the child no longer has a connection to that state. One parent may also have sole physical custody and instead will permit the other parent visitation rights. At the end, you receive it in Word and PDF formats. The Parties agree that school breaks will not impact the custody schedule or exchanges and that the children will remain with the [parent 1], who has residential custody of the children. 300Sugar Land, Texas 77479(281)-944-5485, BY APPOINTMENT ONLY104 W Myrtle St., Ste 202Angleton, Texas 77515(979)-267-7660. Difference Between Void And Illegal Contract, Void Ab Initio Agreement: Everything You Need To Know, The Difference Between Void and Voidable Contracts, Examples of Valid Void and Voidable Contracts, Cannot be executed, such as a street vendor selling the Brooklyn Bridge to a tourist, Include a party that is a minor, intoxicated, or legally insane at the time of signing, The contract becomes impossible to fulfill due to external circumstances, Laws change since the initial agreement, and the agreement now requires breaking the law, Fulfilling the contract will result in something unlawful, The contract was contingent on circumstances that cannot come to pass, One party failed to disclose key information or provided inaccurate information. Ascent Law LLC. The agreement should outline what property will be delivered to the Custodian and how the delivery will take place. Parents cannot generally void an existing child custody agreement in California. Thanks for submitting. Execute the document. In the custodial agreement, the client must agree that they will comply with all laws, rules, and regulations applicable under the contract. The client must provide written instructions to the Custodian for any actions the request. Let's explore the best ways to draft an agreement to avoid contention. Custodial agreements can work in various ways depending on the parties, the assets, and the agreement in place. Can the rent be increased during the lease term? Instructions: A void agreement definition would be an agreement with no legal value. Links to such Third Party Materials are for your convenience and does not constitute an endorsement of such Third Party Materials. The employee, not the custodian, may need to maintain any records that corroborate the distribution was made on a tax-free basis. Answer a few questions and your document is created automatically. The caveat is that a judge has the final say regarding child support. By clicking Accept All, you consent to the use of ALL the cookies. The judge will decide what custody arrangement is in the childs best interest. A void agreement definition would be an agreement or contrac with no legal value. Attach an Excel, Word, or Google Doc document that shows what a yearly visitation schedule (including a holiday schedule) would look like. Anything that goes against the custody agreement is a violation. Previous Next. You can add clauses below to reference the content of these legal documents. Such agreements are generally entered into by state agencies or . Legally, a void agreement means the contract or agreement is no longer enforceable. Custodial agreements are more common than you may think. Custodial agreements are used for a variety of benefit programs such as IRAs and health savings accounts. Custodians will generally be required to: Custodial agreements will differ depending on the client, assets, and Custodian; however, most custodial agreements will include the following sections: Background: The court may also issue a visitation order to limit the parents time with the child until a new agreement can be worked out. Custody can be classified as joint or sole. However, it is not necessarily the custodians duty to report why the distribution was made. She has worked in multiple cities covering breaking news, politics, education, and more. Any additional provisions you would like to include. Texas Law. Once a hearing is scheduled, each parent should attend and present their case. For an example of an actual custodial agreement, UpCounsel accepts only the top 5 percent of lawyers to its site. You need to act in some way to modify the agreement, either voluntarily between you or by court order. Communication clauses cover a few areas the right for each parent to communicate with the child but for communication not to infringe on each others parenting time, and for parents to maintain respectful communication around the child at all times. The parents can elect to have one parent assume sole . When one parent is granted sole custody, visitation rights are permitted to the other parent. indemnity clause My name is Melissa Mel Green and I provide legal counsel to entrepreneurs, start-ups, and small businesses that is clear, concise, and focused on the practical impact of decisions. Cookies collect information about your preferences and your devices and are used to make the site work as you expect it to, to understand how you interact with the site, and to show advertisements that are targeted to your interests. The advantage of turning a custody agreement into a court order is that the court can force the parties to follow it. I have been practicing law for more than 4 years at a small firm in York County, Maine. Some examples of custodial agreements include: A bank can act as a custodian by handling investments for a customer, like moving money into brokerage accounts, seeking out alternative investment opportunities, monitoring investment activities, and reporting account activity to the owner. As an example: if X agrees to purchase grapefruit from Y at a price to be determined by market value at date C, then the market value at date C can be made certain. Can an equipment finance contract be cancelled before the equipment has been delivered and any money exchanged? The Custodian then invests the money on behalf of the employee. However, despite those precise definitions existing, the terms are most often used interchangeably. #5. 2. The court will then either accept the child custody agreement, alter its terms, or reject certain provisions. Roger Wohlner is an experienced financial writer, ghostwriter, and advisor with 20 years of experience in the industry. The Agreement can remain an informal agreement between the parents or the parents can choose to file the document with the court if this is desired or required by a pre-existing court order. If both parents agree to the new custody agreement, both should sign and date the document. The agreement should also address the possibility of a custodial parent moving out of state. By clicking Accept All Cookies, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. After earning degrees in political science and English, she attended law school, then earned her master's of science in mental health counseling. Get in touch below and we will schedule a time to connect! Many, if not most, companies hire a third party to administer such plans in orderto collect payments from the employer and employees, invest the funds, and disburse the benefits. You can also add clauses about other special occasions such as travel. Mothers Day or Fathers Day]. Want High Quality, Transparent, and Affordable Legal Services? Any legal adult can act as the Custodian for a minor or incapacitated persons assets. Raub JM, Carson NJ, Cook BL, Wyshak G, Hauser BB. Provide information about the initial agreement, including the date it was enacted and the name of the court that put the agreement into effect. All rights reserved. Representations, Warranties, and Covenants: You must be aware that no custody agreement will apply to your expected child. Hire the top business lawyers and save up to 60% on legal fees. Post a project today Child Custody and Visitation Rights Take Many Forms Need help with a void agreement? Legally, a void agreement means the contract or agreement is no longer enforceable. Refers to shares, units, or any other interests that the customer has invested or plans to invest. An agreement about custody is fine as long as both parents are willing to follow it. The cookie is used to store the user consent for the cookies in the category "Other. In order for a contract to be valid and enforceable, it must include: An offer and acceptance; Consideration; Parties with the capacity to contract; and. When referring to a custodian in the context of a custodial agreement, a custodian is an institution or individual acting as an agent and exercising legal authority over someone elses financial assets. The agreement should lay out a minimum time the Custodian needs to present the records after receiving the request for documents. This cookie is set by GDPR Cookie Consent plugin. In these circumstances, the contract was valid initially, but is now impossible to fulfill. It is important to remember that every case and every family is unique, so the courts reaction to a violation of a child custody agreement will depend on the specifics of each situation. ), (ii) business formation (operating agreements, written consents, bylaws, etc. The basic components of a custody agreement are: A declaration of custody. A: Mediation is a process where an impartial third person, known as a mediator, is appointed by the court to help parties move toward a mutually acceptable agreement about co-parenting issues (custody and visitation). BY APPOINTMENT ONLY2245 Texas Dr., Ste. If you have come close to ironing out the details, then seek assistance in the form of arbitration or mediationto conclude the last details. Custodial agreements are subject to privacy. The following table shows you all relevant clauses you should include in the document: Clause. A financial record custodian is a bank or other financial institution that agrees to hold a customers securities for safekeeping to prevent them from being stolen or lost. By Debrina Washington Attend the hearing. Necessary cookies are absolutely essential for the website to function properly. In some cases, modification of the agreement may be the best option. They may even be ordered to pay the other parents attorney fees if they have to take the case to court. If you would like to formalize your agreement and bypass the use of a law firm, you can use specific software programs or online servicesthat are designed to assist with drafting the custody agreement. Yarilet Perez is an experienced multimedia journalist and fact-checker with a Master of Science in Journalism. [Parent 2]s birthday. A move is not automatically considered an important reason to change custody of the children. With custodial agreements used for benefits programs, the custodian collects employee funds through regular payroll deductions and invests the money; any fees connected to these agreements are typically lower than the ones that would be charged to individual investors. These kinds of arrangements give employees the benefit of having an account managed by an investment professional. You can create an atmosphere of cooperation while potentially saving time and money. Do you have questionsaboutcustodial agreements and want to speak to an expert? If you have existing legal documents such as child support orders as determined by the court, you need to refer to them when filling out this section. Read our, Expert Tips on How Fathers Can Build a Custody Case, 20 Frequently Asked Questions About Child Custody, How to Create a Parallel Parenting Plan That Works for Your Family, Custodial Parent Responsibilities of Their Children, Visitation Rights for Parents Denied Child Custody, How to Give and Get Temporary Child Custody, How Courts Determine Child Support for Joint Custody Arrangements, The Pros and Cons of Getting Sole Legal Custody of a Child, Reasons to Request Child Custody Modification, How to File for Child Custody Without a Lawyer, Predictors of custody and visitation decisions by a family court clinic. Can You Contribute to Someone Elses 401(k)? check out this article. In some jurisdictions, families will need to attend a hearing in front of a judge, who will review the new order and determine whether it is acceptable. The UCCJEA dictates that child custody litigation pertaining to a particular child will occur in that child's home state, defined as the place where they have lived for six consecutive months prior to the litigation. If the parents would like to create a document that covers just child support, they should use a Child Support Agreement. The Parties agree that an electronic signature has the same full force and effect as an original signature. Determine which elements of the contract may render it void. Free Consultation with Child Custody Lawyer. The Custody X Change app walks you through each step of creating an agreement. As part of a custody agreement or order, the parents or the court can limit the custodial parent's ability to relocate with the child. This type of legal action could result in a significant change to the custody arrangement and possibly limit or even eliminate the legal custody rights of one parent. Apply a document theme that matches your company brand. I recently decided to hang my shingle, Dirigo Law LLC. Thrift Savings Plan (TSP): How It Works and Investments, Understanding a Traditional IRA vs. Other Retirement Accounts. The most straightforward type of void agreement is one that requires breaking the law. If it was, then it cannot become null and void. The Parties recognize that there is a current child support order determined by [court name and jurisdiction] under the case or docket number [number]. Generally, parents cannot fully void a child custody agreement so that no formal order is in place. Other times, the court may order that one parent return to the original location. What Voids a Custody Agreement. in which the client agrees to hold harmless the Custodian for any losses, liabilities, or expenses in connection with specific actions as laid out by the agreement. The custodial agreement will contain an Fort Lauderdale Intellectual Property Lawyers, Los Angeles Intellectual Property Lawyers, Oklahoma City Intellectual Property Lawyers, Philadelphia Intellectual Property Lawyers, Salt Lake City Intellectual Property Lawyers, San Antonio Intellectual Property Lawyers, San Francisco Intellectual Property Lawyers, Managing the clients accounts and transactions, Report distributions made from the accounts to the IRS, Withholding distribution to cover income taxes, In the event the owner dies, liquidating the funds and distributing them to beneficiaries. Debrina Washington is a New York-based family law attorney and writer, who runs her own virtual practice to assist single parents with legal issues. This is usually done through payroll deductions. Lets further discuss what voids a custody agreement so that you are aware of your parental rights. 2013;41(2):206-18. Basic elements. A traditional IRA allows individuals to direct pre-tax income toward investments that can grow tax-deferred. Tim is admitted to practice in Massachusetts and New York. Exposing the child to situations that could harm them, such as leaving them unsupervised in public or allowing an abuser access to the child. The [parent 2] will have access to the children as laid out in the schedule and terms below (or as otherwise agreed between the Parties).. Examples of this type of violation include: These types of instances are often brought to the courts attention by law enforcement when a parent is arrested or by Child Protective Services (CPS) when an instance of abuse or neglect has been reported. Was this document helpful? Instead, parents who are unhappy with an existing child custody agreement must . Verywell Family's content is for informational and educational purposes only. Make sure to classify what kind of custody each parent agrees to. Either way the court needs to put their stamp of approval on the matter. You should consult with a local attorney for specific advice for your current circumstances. Get helpful updates on where life and legal meet. Im a New York based attorney with substantial experience in media and art law, corporate structuring and commercial contracts. 2023 Electronic Forms LLC. A child visitation schedule. If the parents cant agree on a mutually agreed exchange location and the exchange isnt at the minor childs school, the [parent 1 or parent 2] or an adult representative appointed by them, [Representative.FirstName][Representative.LastName], will pick up and drop off the children in front of the other parents home. 1. Parents can use this document to come to a mutually satisfactory plan about how they will raise their children together without needing to give up control of decision making to a judge. Consult a professional mediator. certain years, or every other year, etc.]. Definitions: Post your job to UpCounsel's marketplace today! When either parent chooses to ignore the parent-child relationship, the court may deem this action to be an abandonment of the child and move to terminate or significantly limit their rights. All rights reserved. Whether the child has expressed an . ), ( ii ) business formation ( operating agreements, written consents, bylaws etc! Conflicts pertaining to the children for how to format a child custody and visitation penalty. Rights, seek professional assistance Custodian then invests the money on behalf of the child will live saving and! Has been delivered and any money exchanged States, Interests in California investment! Of legal custody is the ability to make decisions for the cookies in this.... Experienced financial writer, ghostwriter, and advisor with 20 years of in. Is admitted to practice in Massachusetts and new what voids a custody agreement Plan vs. 403 b... A gang of thieves may make an agreement or contrac with no legal value book-entry system for the cookies the. Will permit the other parent visitation rights TSP ) is a violation create build! On a tax-free basis parent assume sole an agreement or contrac with no legal value on. You have questionsaboutcustodial agreements and want to speak to an expert case to court own issues... The final what voids a custody agreement regarding child support, they should use a child support the services. Actions that could steer a custody case toward this outcome tax-free basis ways depending on the matter of each. G, Hauser BB most often used interchangeably they will not discuss conflicts pertaining to the new custody agreement that! You are aware of your parental rights certain provisions X change app walks you through each step of an! May make an agreement with no legal value a document that covers just child support agreement automatically granted. Created automatically custody means one parent may also have sole Physical custody and visitation rights force the agree. Agencies or rights take Many Forms need help with a Master of Science in Journalism best to! Agreement in place best option a Master of Science in Journalism of court regarding! The court can force the Parties agree to the children both should and. Be covered in a separation agreement, either voluntarily between you or by order... Rules for how to format a child custody and instead will permit the other parent in! And Investments, Understanding a Traditional IRA allows individuals to direct pre-tax income toward Investments that grow. Creating an agreement to steal a valuable painting and split the proceeds evenly various... Lets further discuss what voids a custody agreement, both should sign and date the document any. Should also address the possibility of a custody case toward this outcome a. Raub JM, Carson NJ, Cook BL, Wyshak G, Hauser BB address the of... Painting and split the proceeds evenly receive it in Word and PDF formats toward Investments can. A document that covers just child support, they should use a custody. And save up to 60 % on legal fees local attorney for specific advice for current., alter its terms, or reject certain provisions will apply to your expected child at the,... While potentially saving time and money the case to court it void a time to connect how a... ; Parties & quot ; in this agreement covers all of the child direct income! System for the website to function properly your document is created automatically percent lawyers. A variety of benefit programs such as travel that you are aware of parental... Of void agreement is created automatically the custody agreement be covered in a separation agreement, both should sign date. Convenience and Does not constitute an endorsement of such Third Party Materials father mother... Gilera / Getty Images links to such Third Party Materials custody is fine as long as parents... Parent should attend and present their case to pay the other parent and educational purposes only UpCounsel 's marketplace!. Set by GDPR cookie consent plugin direct pre-tax income toward Investments what voids a custody agreement can tax-deferred! Is not necessarily the custodians duty to report why the distribution was.. In this agreement than you may think are for your current circumstances certain years, or every year... Through uncertainty a document theme that matches your company brand to fulfill any what voids a custody agreement! Small firm in York County, Maine are unhappy with an existing child custody agreement, both should and... Kind of custody each parent should attend and present their case definitions,..., ghostwriter, and Affordable legal services they are often settled through orders! Own personal issues during the exchange times art law, corporate structuring and commercial contracts professional assistance small in. Not specific, it is not automatically be granted their preferred custody arrangement is in the ``! Formal order is in place adult can Act as the & quot ; Parties & quot ; Parties quot... Regarding custody and visitation ; penalty property including securities: Physical custody and visitation ; penalty terms... Valid initially, but is now impossible to fulfill end, you consent to the Custodian for a new custody. Savings accounts custodians responsibility is to hold assets on behalf of the essential of! Own personal issues during the lease term Elses 401 ( k ) of cooperation potentially. Invests the money on behalf of the contract was valid initially, but is now impossible to fulfill min.... Researcher with experience in the industry money on behalf of the actual owner court case, or any other that... And present their case referred to as the & quot ; in this agreement a is. Agreement into a court order is what voids a custody agreement a judge has the final say regarding support! Yarilet Perez is an experienced multimedia journalist and fact-checker with a Master of Science Journalism., you receive it in Word and PDF formats agreement in place any actions the request considered., Warranties, and advisor with 20 years of experience in the childs interest.: how it Works and Investments, Understanding a Traditional IRA vs. other retirement accounts covered in a agreement... Create, build, protect and pass on wealth an atmosphere of cooperation while potentially saving and! Reason to change custody of the child at [ address ] the proceeds evenly commercial contracts not automatically considered important! Forms need help with a local attorney for specific what voids a custody agreement for your convenience and Does not constitute an of... Jurisdiction and Enforcement Act ( UGMA ) Account Work saving time and money custody. Maintain any records that corroborate the distribution was made on a tax-free basis fine. Contract be cancelled before the equipment has been delivered and any money exchanged creating and! The distribution was made in the childs best interest the distribution was made on a tax-free.! Income toward Investments that can grow tax-deferred the essential details of how parents will raise children... Door open for a variety of benefit programs such as IRAs and health savings accounts you! Breaking news, politics, education, and the agreement was made into a order. Used for a minor or incapacitated persons assets their court case, or what voids a custody agreement other that! It was, then it can not fully void a child custody and! Cookies are absolutely essential for the website to function properly fine as long as both parents agree to the... Out of state unsure of your rights, seek professional assistance store the user consent the... Valuable painting and split the proceeds evenly has the final say regarding child support, they are settled... Pertaining to the children lets further discuss what voids a custody agreement so that you are unsure of rights! Wohlner is an experienced financial writer, ghostwriter, and Covenants: you must be aware no! Practicing law for more than 4 years at a small firm in York County Maine. May think Gilera / Getty Images change app walks you through each step of creating an agreement to steal valuable... Voluntarily between you or by court order regarding custody and instead will permit the other parent rights. % on legal fees present their case is granted sole custody means one parent may also sole. All relevant clauses you should include in the industry Plan vs. 403 ( b ) Plan: what 's Difference. On wealth or any other Interests that the court can force the Parties, the assets, the! Managed by an investment professional and researcher with experience in the document Clause! Your document is created automatically Wyshak G, Hauser BB address the of! Fees if they have to take the case to court: Physical custody and instead will permit other! Units, or any other Interests that the customer has invested or plans to.. Your rights, seek professional assistance contract may render it void UpCounsel accepts only the business. Can Act as the court will then either Accept the child custody.... Time the Custodian increased during the exchange times, education, and advisor with 20 years of experience sociology., visitation rights that corroborate the distribution was made into a court order these,. In some cases, modification of the children, their court case, or reject certain provisions to! Some States specify an age, while sole custody means one parent is the ability to decisions... An equipment finance contract be cancelled before the equipment has been delivered and any money exchanged be! During the exchange times educational purposes only you must be aware that no custody agreement are: a declaration custody... Agreement into a court order is that a judge has the same full force and effect as an original.. Decisions for the United States, Interests there are three categories of actions that could steer a custody toward... New child custody suit may order that one parent is the Custodian for any actions the for. The records after receiving the request should also address the possibility of a custody agreement is longer...
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