Child Custody Agreement

What is a child custody agreement?

A child custody agreement is a document used by parents to lay out the details of how they will co-parent their child or children together, even though they are no long married or romantically involved. 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.

What is the difference between a child custody agreement and a child support agreement?

A child custody agreement is meant to be a comprehensive document that covers all the major issues that may arise when two people are co-parenting. It encompasses physical custody (where the child will live), legal custody (who will make significant decisions regarding the child), visitation schedules, health insurance, and the funding of higher education. It can also, if the parents want it to, include specifics about the payment of child support.

A child support agreement, by contrast, only covers child support and the issues related to it, such as who will pay it, when they will pay, how much they will pay, and for how long they will pay.

Is a child custody agreement mandatory?

No. A child custody agreement is not always mandatory, but is highly recommended in many circumstances, depending on the relationship between the parents, the legal requirements of the state where the children are located, and specific needs of the children.

For parents who are married but are getting a divorce, most courts require that the parents create a child custody agreement to establish clear guidelines about how the child will be cared for once the parents are no longer married.

For unmarried parents, a custody agreement is not a requirement but is advisable to establish arrangements related to the shared children, even if the parents are still on good terms. That way, if the relationship does sour and one parent goes to court to formalize the arrangement, the parents already have a fully written and comprehensive agreement from which they can build.

What does "physical custody" mean?

Physical custody refers to where the children will live. Physical custody can be shared between two parents, meaning that children will split their time and live with both parents. Alternatively, one parent could have sole physical custody, meaning that the children only live with one parents.

What does "legal custody" mean?

Legal custody refers to who will make important decisions concerning the children, such as what medical treatments they will receive, where they will go to school, what, if any, religious education they will receive, and other such issues. Just as with physical custody, legal custody can be shared between two parents, meaning both parents get input into these decisions, or one parent can have sole legal custody, meaning they get to make the final decision by themselves.

What must a child custody agreement contain?

A valid custody agreement must contain at least the following mandatory sections:

• Description of physical custody: This encompasses where the children will live and how the visitation schedule will work. The parents can elect to have one parent assume sole physical custody, with the children spending most of their time living with that parent and then making visits to the other parents. The parents can also elect to have joint physical custody, with children spending an equal amount of time living with each parent. In this section of the document, the parents will describe the visitation schedule details for both regular visits as well as a schedule for visits on holidays or vacations.
• Description of legal custody: This involves which parents have the right and responsibility to make decisions on behalf of their children regarding issues such as healthcare, religion, and education.
• Child support arrangement: Though optional, this clause is very common in most child custody agreements. This document can incorporate an existing child support agreement, or it can be used to create new understandings around child support.
• Additional coordination details: The document also covers additional important details of child-rearing, including transportation to and from scheduled visitation and health insurance coverage.

Who can enter into a child custody agreement?

The parties to a child custody agreement will be the parents or legal guardians of a shared child.

What is the duration of a child custody agreement?

There is not a set length of time that all child custody agreements stay in force. However, the terms and conditions of most child custody agreements end when the child becomes the age of legal majority, 18 years old in most states. This may not be the case for children with physical or developmental disabilities or other issues that would make them dependent on their parents or guardians for longer than is standard.

What has to be done after a child custody agreement is signed?

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. 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. The parents should keep copies of this document for themselves to refer to in case of dispute, misunderstanding, or desire to create a written alteration of the agreement.

Is it necessary to notarize a child custody agreement for it to be valid?

It is not mandatory for a child custody agreement to be notarized for it to be valid. However, the parents can sign the agreement in front of two witnesses, who can then sign to show that they witnessed the signing. The parents can also decide to have their personal attorneys review the document and then sign the document in front of their attorneys. If this happens, there is an acknowledgement form included with the document that the attorneys should sign.

Which laws are applicable to a child custody agreement?

Child custody is a matter of both state and federal law. Every state except for Massachusetts has adopted the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"). 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 before the litigation. If a child has not lived in any state for six consecutive months, their home state is defined as the state with significant connections to the child and at least one of the parents, as well as substantial evidence regarding the child's care. Once a state takes the case, the process of which is called jurisdiction, they can then retain control over the case unless and until a court decides that the child no longer has a connection to that state.

in determining matters related to children, such as child custody, visitation, and support, a Court must approve any arrangement using a "best interest of the child" standard. Generally, if both parents come to an agreement regarding these matters, a Court will be willing to include the agreement in the official legal documents. However, the possibility remains that a Court will require an adjustment of the agreement if they determine that the arrangement is not in the best interests of the children involved.

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