Child Custody Agreement - Template, Sample Form Online Pro · US-law
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CHILD CUSTODY, VISITATION, AND SUPPORT AGREEMENT
Governed by the laws of the State of ________
RECITALS:
A. This Child Custody, Visitation, and Support Agreement (the “Agreement”) is entered into as of ________, by and between the following parties (each a “Party” and collectively the “Parties”), being the parents of the minor child or children identified below:
________
________
________
________
B. The Parties were previously married or in a relationship that has now ended, as reflected in the matter bearing case number ________, before the ________ (where applicable).
C. There is/are ________ minor child or children of the Parties, as follows:
________, born on ________ (the “Child”).
D. The Parties enter into this Agreement freely, voluntarily, and after full disclosure, intending that the terms herein shall serve the best interests of the Child and, where required, be submitted to a court of competent jurisdiction for approval and incorporation into a court order.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
I. CHILD CUSTODY AND VISITATION
1. Best Interests Standard. The Parties acknowledge and agree that all custody, visitation, and parenting time provisions of this Agreement are intended to serve the best interests of the Child in accordance with the applicable law of the State identified above, and that the court retains authority to review and modify such provisions in the Child’s best interests.
2. Legal Custody. The Parties agree that legal custody (the right and responsibility to make major decisions concerning the Child’s health, education, religious upbringing, and general welfare) shall be allocated as follows: ________.
3. Physical Custody. The Parties agree that physical custody and the Child’s primary residence shall be allocated as follows: ________.
4. Parenting Time and Visitation Schedule. The Parties agree to the following parenting time and visitation schedule:
a. Regular Visitation Schedule:
________
b. Vacation and Holiday Schedule:
________
5. Access to Information. Notwithstanding any allocation of legal custody, the non-custodial Party, ________, shall not be deprived of reasonable access to and information regarding the Child. Either Party who has physical care and control of the Child may make emergency decisions necessary to protect the health and safety of the Child, and shall promptly notify the other Party of any such decision.
6. Transportation. The Parties agree that the costs and responsibility associated with transporting the Child to and from visitation and parenting time shall be allocated as follows: ________.
7. Relocation. Neither Party shall change the principal residence of the Child without first providing written notice to the other Party not less than ________ days in advance, and otherwise in compliance with the relocation notice requirements of applicable state law. Should either Party relocate such that the existing schedule becomes impracticable, the Parties agree to revisit and reassess this Agreement in good faith. Each Party shall provide the other with a current telephone number and physical address for purposes of coordination and scheduling.
II. CHILD SUPPORT AND FINANCIAL ARRANGEMENTS
8. Existing Support Order. The Parties recognize that there is a current child support order entered by ________ under docket/case number ________, pursuant to which ________ is responsible for paying child support in the amount of $________ (________ dollars). That court maintains continuing, exclusive jurisdiction over the child support matter. A copy of all orders relating to child support is attached and incorporated herein by reference.
10. Proposed Support Amount. Subject to court approval and consistent with the applicable state child support guidelines, the Parties agree that ________ will pay child support in the amount of $________ (________ dollars) per month.
11. Commencement and Manner of Payment. Child support payments will commence on ________ and will be paid on the ________ day of each month, in the following manner: ________.
12. Exchange of Financial Information. The Parties agree to exchange copies of their federal and state income tax returns and any related notices of assessment or reassessment, as relevant to the calculation and review of child support and parenting time, on an annual basis.
13. Health Insurance. ________ will maintain health insurance, including medical and dental coverage, for the benefit of the Child for so long as such coverage is reasonably available at a reasonable cost.
14. Uninsured Medical Expenses. Reasonable and necessary uninsured or unreimbursed medical, dental, orthodontic, optical, and psychological expenses incurred on behalf of the Child shall be allocated between the Parties as follows: ________.
15. Additional Child-Related Expenses. ________ will pay a total of $________ (________ dollars), at the same frequency as the regular child support payments, to cover the following additional child-related expenses:
________
16. Payments for these additional expenses will be made according to the same schedule as the regular child support payments.
III. ADDITIONAL COORDINATION DETAILS
18. Both Parties are entitled to important information regarding the Child including, but not limited to, the current address and telephone number, and the Child’s educational, medical, governmental agency, psychological, and law enforcement records, to the extent permitted by law.
19. Information about the Child’s progress in school and any school activities is equally available to both Parties. Both Parties are encouraged to consult with school staff regarding the Child’s welfare and education.
20. Both Parties will immediately notify each other of any emergency circumstances or substantial changes in the health of the Child.
21. The Parties agree to communicate with one another in a respectful manner regarding all matters concerning the Child, and neither Party will speak negatively about the other Party in the presence of the Child or attempt to influence the Child against the other Party.
22. Each Party agrees to encourage and foster a loving and healthy relationship between the Child and the other Party, and neither Party will interfere with the Child’s right to maintain regular contact with the other Party.
23. The Parties agree to make reasonable efforts to accommodate one another’s schedules and to provide as much advance notice as possible of any changes to the agreed visitation and parenting time schedule.
IV. GENERAL PROVISIONS
24. Further Assurances. The Parties will promptly sign and deliver to the other all documents reasonably necessary to give effect to the terms of this Agreement.
25. Entire Agreement. This Agreement contains the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior written or oral agreement between them.
26. Severability. Should any portion of this Agreement be held by a court of competent jurisdiction to be invalid, unenforceable, or void, such holding shall not invalidate the remainder of this Agreement, and the portion so held shall be deemed amended, reduced in scope, or stricken only to the extent required for validity and enforceability.
27. Dispute Resolution. In the event a dispute arises regarding this Agreement, the Parties will attempt to resolve the matter through good-faith negotiation or mediation before initiating a court action, except where immediate court intervention is necessary to protect the health, safety, or welfare of the Child.
28. Continuing Jurisdiction. The Parties acknowledge that all provisions concerning custody, visitation, and support remain subject to the continuing jurisdiction of the court and to modification upon a showing of changed circumstances and the best interests of the Child as provided by applicable law.
29. Good Faith. Each Party agrees to act in good faith and with fair dealing toward the other in all aspects of this Agreement.
30. Headings. The headings of this Agreement form no part of it and are included only for convenience of reference.
31. Binding Effect. This Agreement will be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, and assigns.
32. Reconciliation. If the Parties reconcile, the terms of this Agreement will remain in effect unless revoked by the Parties in a writing signed by both of them.
33. Amendment. This Agreement may be terminated or amended only by a writing signed by both Parties and, where required, approved by the court.
34. Voluntary Execution. Each Party acknowledges that he or she has read this Agreement, understands its contents, has had the opportunity to consult with independent legal counsel, and executes it freely and voluntarily without coercion or duress.
35. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of ________, and venue for any proceeding shall lie in ________.
IN WITNESS WHEREOF the Parties have duly affixed their signatures.
SIGNED by ________:
_________________________________
________
____________________
DATE
In the presence of:
_________________________________
WITNESS
_________________________________
WITNESS
SIGNED by ________:
_________________________________
________
______________
DATE
In the presence of:
_________________________________
WITNESS
_________________________________
WITNESS
ACKNOWLEDGMENT
State: ________
County: ________
On this _______ day of ___________________, ________, before me, the undersigned Notary Public in and for said County and State, personally appeared ________, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing Child Custody, Visitation, and Support Agreement, and acknowledged to me that he or she executed the same of his or her own free will and volition, without any force or duress, for the purposes therein contained.
Witness my hand and official seal.
______________________________
NOTARY PUBLIC
My commission expires: ________
ACKNOWLEDGMENT
State: ________
County: ________
On this _______ day of ___________________, ________, before me, the undersigned Notary Public in and for said County and State, personally appeared ________, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing Child Custody, Visitation, and Support Agreement, and acknowledged to me that he or she executed the same of his or her own free will and volition, without any force or duress, for the purposes therein contained.
Witness my hand and official seal.
______________________________
NOTARY PUBLIC
My commission expires: ________
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