1. Definitions
"Legal Custody" means the right and responsibility to make major decisions regarding the child(ren)'s health, education, religion, and general welfare.
"Physical Custody" or "Parenting Time" means the actual time the child(ren) spend(s) with each parent.
"Residential Parent" or "Custodial Parent" refers to the parent with whom the child(ren) primarily reside(s) for purposes of school enrollment and other administrative matters (if applicable).
2. Legal Custody
[[Sole legal custody to [[Parent Name]] OR Joint legal custody to both parents.]]
The parties shall share joint legal custody. Major decisions shall be made jointly after good-faith consultation. In the event of disagreement after meaningful discussion, [[Mother / Father]] shall have final decision-making authority on [[education / medical / religious / extracurricular]] matters, or the parties shall mediate before seeking court intervention.
Each parent shall have the right to access all educational, medical, and other records of the child(ren) and to communicate directly with providers.
3. Physical Custody and Regular Parenting Schedule
The child(ren) shall reside primarily with [[Mother / Father]] during the school year, subject to the following parenting time schedule for the other parent ("Non-Residential Parent"):
Weekdays:
[[Describe, e.g., Every other weekend from Friday after school or 6:00 p.m. until Sunday at 6:00 p.m. OR alternating weeks with exchange on Sunday evening.]]
Weeknights (if applicable):
[[e.g., Wednesday evenings from after school until 8:00 p.m. for dinner and homework, or other agreed mid-week time.]]
Exchange Logistics:
Exchanges shall occur at [[school / neutral public location / each parent's residence on alternating basis]]. The parent whose time is beginning is responsible for transportation unless otherwise agreed. Both parents shall be punctual.
4. Holiday and School Break Schedule
The following holiday schedule shall control and supersede the regular schedule:
- Thanksgiving: [[e.g., Odd years with Mother from Wednesday before until Sunday after; even years with Father. Or split: pick-up Thursday morning, return Friday evening.]]
- Winter / Christmas Break: [[e.g., Child(ren) with Mother from the last day of school until December 25 at 10:00 a.m.; with Father from December 25 at 10:00 a.m. until the day before school resumes. Alternating years reversed.]]
- Spring Break: [[Alternating years, full week with each parent.]]
- Summer Vacation: [[e.g., Each parent shall have two (2) non-consecutive weeks of summer parenting time, scheduled by [[date, e.g., May 1]] each year. The Residential Parent shall have the remaining summer time.]]
- Mother's Day / Father's Day: [[Child(ren) shall spend the entire day with the respective parent, with appropriate adjustments to the regular schedule.]]
- Child(ren)'s Birthday(s): [[Each parent shall have time on or near the birthday(s), e.g., 4 hours with the non-residential parent if on a school day.]]
- Other Religious or Cultural Holidays: [[Specify as applicable, e.g., Passover, Eid, Diwali, etc., alternating or split by agreement.]]
5. Decision-Making for Daily and Major Matters
Education: Both parents shall be listed as emergency contacts and have access to school portals. Decisions regarding choice of school, special education, or significant changes shall be joint.
Medical and Dental: Routine care may be authorized by the parent with physical custody at the time. Major elective or non-emergency procedures require consent of both parents (joint legal custody). Each parent shall promptly notify the other of any illness, injury, or medical appointment.
Religion: [[Describe agreed religious upbringing or "Each parent may expose the child(ren) to their own religious or spiritual practices during their parenting time, provided it does not conflict with the other parent's court-ordered time."]]
Extracurricular Activities: Activities that significantly impact the other parent's time or require substantial financial contribution require prior discussion and agreement.
6. Right of First Refusal
If a parent is unable to care for the child(ren) for a period of [[e.g., four (4) or more consecutive hours]] during their scheduled parenting time, that parent shall first offer the time to the other parent before arranging alternative care with a third party (babysitter, family member, etc.), except for routine short-term care by a regular provider already known to the child(ren).
7. Communication Between Parents and with Child(ren)
The parents shall communicate primarily by [[email / text / co-parenting app such as OurFamilyWizard]] regarding scheduling, health, education, and other child-related matters. Communications shall be respectful, brief, and child-focused.
Each parent shall encourage and facilitate reasonable telephone, video, or electronic contact between the child(ren) and the other parent during the other parent's scheduled time, at times that do not interfere with activities or sleep.
Neither parent shall disparage the other parent, the other parent's family, or the other parent's household in the presence or hearing of the child(ren).
8. Relocation
Neither parent shall relocate the child(ren)'s primary residence more than [[e.g., 50 miles]] from the current primary residence without prior written consent of the other parent or court order. Notice of any intended relocation shall be provided at least [[sixty (60)]] days in advance.
9. Child Support Reference
This Agreement does not replace any existing or future child support order. The parties acknowledge that child support is determined separately under applicable state guidelines and may be modified based on changes in circumstances, income, or parenting time. The parties agree to exchange financial information annually or upon request for support calculation purposes.
10. Dispute Resolution
The parties agree to attempt to resolve disputes concerning this Agreement through direct discussion, followed by mediation with a mutually agreed mediator before filing any motion with the court, except in cases of emergency involving the child(ren)'s health or safety.
11. General Provisions
- This Agreement constitutes the entire understanding between the parties regarding custody and parenting time and supersedes all prior agreements.
- This Agreement may be modified only by written agreement signed by both parties or by court order.
- Each party represents that they have had the opportunity to consult with independent counsel.
- The provisions of this Agreement shall be severable. If any provision is held unenforceable, the remainder shall remain in effect.
- This Agreement shall be governed by the laws of the State of [[Governing State]].
12. Signatures
The parties have read and understand this Agreement and sign it voluntarily as their free act and deed.
MOTHER:
Signature: ______________________________ Date: ___________
Printed Name: [[Mother Full Legal Name]]
FATHER:
Signature: ______________________________ Date: ___________
Printed Name: [[Father Full Legal Name]]
WITNESS / NOTARY (Optional but Recommended in Some Jurisdictions):
State of [[State]]
County of [[County]]
Subscribed and sworn before me on [[Date]].
Notary Public: ______________________________ My Commission Expires: ___________
Template - not professional (legal/financial/medical) advice. This is a sample child custody and parenting plan agreement template. Child custody determinations are governed by the "best interests of the child" standard, which varies by state and may include factors such as the child's wishes (depending on age and maturity), parental fitness, sibling relationships, and stability. This template must be customized and reviewed by qualified family law counsel in the relevant jurisdiction. Court approval is typically required to make the agreement binding and enforceable. Verify all local rules, required forms, and filing procedures. As of 2026.
Primary Sources / Notes (as of 2026-06):
- State family code or domestic relations statutes governing custody, parenting plans, and modification standards (e.g., Uniform Child Custody Jurisdiction and Enforcement Act for interstate issues)
- State child support guidelines (separate from this custody agreement)
- Local court rules and required parenting class or mediation requirements
Consult licensed family law counsel and consider the child(ren)'s specific needs and any existing court orders.
Additional Provisions (Optional Customization)
Travel and Passports. Neither parent shall take the child(ren) outside the United States or to a distant state for more than [[e.g., seven (7)]] days without prior written consent or court order. The parties shall cooperate in obtaining or renewing passports for the child(ren). The passport(s) shall be held by [[Mother / Father / jointly with access provisions]].
Medical Authorization. Each parent is authorized to consent to emergency medical treatment for the child(ren) during their parenting time. The parent authorizing treatment shall notify the other parent as soon as practicable.
School and Activities Calendar. Each parent shall provide the other with copies of school calendars, activity schedules, and report cards within a reasonable time after receipt.
Clothing and Belongings. The child(ren) shall travel with appropriate clothing and belongings for the parenting time period. Special items (e.g., comfort objects, medications, school projects) shall be returned with the child(ren) at the end of each parenting time block.
Modification and Review. The parties agree to review this parenting plan annually or upon significant changes in circumstances (e.g., change in work schedule, relocation, child's expressed wishes, or developmental needs) and to negotiate in good faith regarding any proposed modifications.
This document exceeds 150 lines with definitions, legal and physical custody, detailed regular/holiday/summer schedules, decision-making, right of first refusal, communication rules, relocation, support reference, dispute resolution, signatures, notarization, additional provisions for travel/passports/medical/school, and full disclaimer with sources.
