Free Child Custody Agreement Template
A child custody agreement is a written arrangement between parents that spells out legal custody, physical custody, and a parenting time schedule for their children. It also addresses child support, healthcare, transportation, and what happens if a parent wants to relocate. A clear agreement helps reduce conflict and can be submitted to a court for approval.
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CHILD CUSTODY AGREEMENT
This Child Custody Agreement (this "Agreement") is entered into and effective as of ________________ between ________________ ("Parent A") and ________________ ("Parent B"), the parents of the child or children named below.
1. PARTIES AND CHILDREN. This Agreement is made between ________________ and ________________ regarding the custody and care of their child or children: ________________. Both parents agree that this Agreement is intended to serve the best interests of the children and to give each parent a meaningful role in the children's lives.
2. LEGAL CUSTODY. Legal custody, meaning the right and responsibility to make major decisions about the children's education, healthcare, and welfare, is as follows: ________________. Where legal custody is joint, the parents shall consult each other and try in good faith to agree before making a major decision.
3. PHYSICAL CUSTODY. Physical custody, meaning where the children live, is as follows: ________________. Each parent shall provide a safe and appropriate home during that parent's time and shall respect the other parent's time with the children.
4. PARENTING TIME SCHEDULE. The children's time with each parent shall follow this schedule: ________________. The parents may agree in writing to adjust the schedule, and shall give each other as much notice as possible of any needed change.
5. HOLIDAYS AND VACATIONS. Holidays, school breaks, and vacation time are divided as follows: ________________. The holiday and vacation schedule takes priority over the regular schedule when the two conflict.
6. TRANSPORTATION AND EXCHANGES. Transportation and exchanges of the children shall be handled as follows: ________________. Each parent shall have the children ready on time with the items they need and shall notify the other parent promptly of any unavoidable delay.
7. CHILD SUPPORT. Child support shall be paid as follows: ________________. Child support is calculated with reference to applicable state guidelines and is separate from parenting time, so neither parent may withhold the children or payments because of a dispute about the other.
8. HEALTHCARE AND INSURANCE. Health insurance for the children shall be provided by ________________. Medical, dental, vision, and other healthcare costs not covered by insurance shall be ________________. Each parent may authorize emergency treatment for the children while they are in that parent's care and shall notify the other parent as soon as possible.
9. RELOCATION AND NOTICE. Relocation with the children is governed as follows: ________________. A parent who intends to move shall give the required written notice so the parents can adjust this Agreement or, if they cannot agree, ask a court to decide.
10. DISPUTE RESOLUTION AND MODIFICATION. The parents shall attempt to resolve any disagreement about this Agreement in good faith and, where reasonable, through mediation before returning to court. This Agreement may be changed only in writing signed by both parents or by court order, and any change must serve the best interests of the children.
11. GOVERNING LAW. This Agreement is governed by the laws of the State of ________________. If any provision is found unenforceable, the remaining provisions stay in full effect. This Agreement is the entire agreement between the parents regarding custody of the children and may be changed only as provided above.
This is a general template and not legal advice. Custody, child support, and relocation laws, and the process for a court to approve or enforce a custody agreement, vary by state. Review your state's requirements or have an attorney review this Agreement before use.
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These are professionally structured templates using standard clause language. Whether a completed document is legally binding depends on your state's requirements, proper signing (and notarization or witnesses where required), and your specific situation. For anything high-stakes, have an attorney review it. Nothing here is legal advice.
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