Child custody agreements are different in nature and they should be created specifically for your situation. A child custody agreement by definition is a written document which has been prepared and signed by both parents memorializing their agreement as to their children. The court will most likely approve any child custody agreement if it contains necessary elements as to legal custody, physical custody, visitation schedule, major expenses and child support.
There is a lot of flexibility in what can be included in a child custody agreement, but here are five essential details that must be included in your agreement:
Legal custody is the right of the parent(s) to make legal decisions regarding the raising of the children, including making medical, educational and religious decisions on behalf of the children. Parents are usually awarded Joint Legal Custody unless one parent is unfit. Physical custody refers to where and with whom the child resides and the day-to-day care of the child. If the children reside more than 60% of their time with one parent than that parent would be deemed to be the primary physical custodian.
Your custody agreement must spell out the non-custodial parent's visitation schedule on a weekly basis, and also include visitation schedule during school vacations and on holidays. You should also address how you will handle making changes to the visitation schedule Visitation is only necessary when one party has primary physical custody; otherwise the joint physical custody arrangement will be specific and you would then only need to address holiday schedule.
The legal custody provisions of the agreement must be set out and specifically define how each parent is to be involved in making major decisions for the children’s upbringing. You can also include disciplinary rules into your agreement, which would be beneficial so it is in writing and agreed upon.
The custody agreement must set forth how the parents will split the major costs of the children. For example, you must include which parent is responsible for including the children on his or her health insurance plan; how the uncovered medical expenses will be paid/split; and which parent is entitled to claim the children as dependents for tax purposes.
Your child custody agreement must include provisions for child support. If one party has primary physical custody, then that parent is entitled to child support. In most jurisdictions, the child support amount is statutory and can only be deviated from based upon specific facts. The amount is usually based upon the non-custodial parent’s gross monthly income and the number of children, however, you should always check with an attorney in your jurisdiction as to the appropriate law. If this is not included in the agreement, the court could reject the agreement
This article is not legal advice and is not intended as legal advice. This article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. You should consult with an attorney familiar with the issues and the laws of your jurisdiction. This article does not create any attorney-client relationship.