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Child Custody Agreement

2 signers
1 Parent1
2 Parent2
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Secure Your Child's Future With a Legally Binding Child Custody Agreement

When parents decide to split up, one of the most important decisions they will have to make is what will happen to their children. No parent wants to face the difficult prospect of making this decision, but it is important that they create a binding child custody agreement that both parties can agree on.
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child custody agreement template
This document will ensure that each parent’s legal rights and responsibilities are respected and taken into account when making decisions regarding the care of the child or children.
This agreement typically delineates which parent will have primary responsibility for the day-to-day care of the child and outlines each parent’s custody and visitation rights, among other obligations.

The Benefits of Creating a Child Custody Agreement

A child custody agreement is a legally binding contract between two parents, setting out details about who will have primary legal and physical custody of the child or children involved. The document should also spell out the amount of child support payments the non-custodial parent is responsible for providing and the manner in which they are to be paid.

Creating a child custody contract can be an emotional and difficult process. While it helps to use this free template from Fill, it helps to have an experienced family law attorney who can advise parents on the best approach to take and create a fair, legally binding agreement.

The best agreements are ones that are made without intervention from a court, as these agreements generally reflect the wishes of the parents more accurately than a judge would.

Elements of a Child Custody Agreement

Before creating a child custody agreement, it is important to understand the different types of child custody that are available. Legal custody refers to the right of a parent to make important decisions about the child’s education, health care, and religious upbringing.

Physical custody determines where a child will reside and how much time they will spend with each parent. Shared or joint child custody arrangements are often created so that both parents have some degree of responsibility and involvement in the child’s life.

When creating child custody agreements, there are several important elements to consider. Be sure to provide detailed information about the type of custody arrangement being established, including the right of custody and visitation schedule, and other terms.

List both parents’ contact information, including home and work addresses, phone numbers, and email addresses. You should also include any provisions for child support payments, such as the amount, duration, and frequency of payments. Make sure to provide clear instructions on how disputes over the agreement should be handled.

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Legal Custody

When a court grants legal custody, it gives the parent the authority to make decisions on behalf of the child, such as medical care, religious practice, and education. The two types of legal custody are sole and joint custody.

Joint Custody

With joint legal custody, both parents share responsibility for making decisions regarding their child’s welfare. When negotiated and executed thoughtfully, joint custody can provide substantial benefits for children, even though there may be some challenges in its implementation.

Sole Custody

Under sole legal custody, only one parent is granted the right to make decisions for their child. Additionally, the non-custodial parent typically does not have any right to visitation schedules or contact with their children unless provided for in court orders.

Physical Custody

Physical custody refers to who will have the child living with them on a day-to-day basis. This is in contrast to legal custody, which grants parents the authority to make decisions about their children even when they do not have physical possession.

FAQ About Child Custody

Joint physical custody means the parents share equal responsibility for providing a home and caring for their child. This typically involves both parents having residential time with the child, alternating days or weeks during which they are each responsible for housing and caring for the child.

The benefits of this common child custody agreement include both parents continuing to be involved in their child’s life and offering a stable, nurturing home environment based on an amenable parenting plan. The challenges may include having to coordinate closely with the other parent and splitting time between two households.

Legal custody refers to a parent’s right to make decisions related to their child’s safety, well-being, and upbringing. Primary physical custody refers to who will have the child living with them on a day-to-day basis.
It is important to note that granting legal custody does not necessarily grant physical custody of a child. Physical custody determines with whom the child will live on a day-to-day basis. In contrast, legal custody gives parents the authority to make decisions about their children even when they do not have physical possession.

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