What Is a Child Custody Agreement?

Child custody agreements are essential documents that outline legal custody and physical custody terms when parents or legal guardians are separated or divorced. These agreements play a critical role in ensuring the best interest of the child and can vary in complexity based on the unique circumstances of each family. These documents should end with a court order so that they are enforceable if one parent fails to follow the agreement.

It is always best to consult with and seek legal advice from an experienced child custody attorney, as child custody laws are governed by state laws.

What Is in a Child Custody Agreement?

A child custody agreement, often referred to as a parenting plan or custody arrangement, is a document that outlines various aspects of child custody, parenting time schedules, and parental responsibilities. While these agreements can vary significantly, they typically address the following key components:

Child custody agreements define the type of custody awarded to each parent. There are two types of custody:

• Physical custody: This determines where the child lives and how visitation will be structured. There can be joint physical custody or sole physical custody
• Legal custody: Legal custody is who has the authority to make important decisions regarding the child, including education, health care, religion, and extracurricular activities. Like physical custody, legal custody can also be joint legal custody or sole legal custody.
• Visitation schedule: The agreement should establish detailed visitation rights, including the amount of time the minor child will spend at each parent’s home. This schedule should consider weekdays, weekends, holidays, school breaks, and any other relevant factors of co-parenting, such as pick-ups and drop-offs
• Child support: Child custody agreements often address child support arrangements. Each state has their own formulas and rules on how child support is calculated.
• Communication: Provisions for how parents will communicate about the minor child’s well-being, including major decisions on medical care, education, and extracurricular activities, are typically included in the agreement.
• Relocation: The agreement may include clauses regarding parental relocation. This outlines the process and notification requirements if one parent intends to move a significant distance away.
• Dispute resolution: Child custody agreements often include a dispute resolution process. This may involve child custody mediation or other methods to resolve disagreements amicably.
• Modification: The agreement should specify the conditions for modifying custody of a child or parenting time. Changes may be necessary due to evolving circumstances such as a parent’s relocation or changes in the child’s needs.

Some factors to consider when discussing child custody are whether there is any history of child abuse, domestic violence, substance abuse, or mental health issues involving either co-parent.

A child custody agreement does not usually spell out the day-to-day duties and parental responsibilities. It is important to recognize that each parent may have a different parenting style, and as long as that style does not put your child in danger, having different styles is OK.

Federal Law and Child Custody

While child custody is primarily governed by state laws, there are federal laws that provide a framework for interstate custody disputes and enforcement. The most notable federal law related to child custody is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

The UCCJEA is a uniform law adopted by all U.S. states and the District of Columbia, except Massachusetts. Massachusetts follows the UCCJEA’s predecessor, the Uniform Child Custody Jurisdiction Act (UCCJA).

The UCCJEA ensures that child custody cases that had court orders made by one state are enforced by other states. The UCCJEA creates rules for determining which state has jurisdiction over a custody case and provides mechanisms for enforcing custody orders across state lines. This is particularly important when parents live in different states or when one parent attempts to relocate with the child across state lines without the other parent’s consent.

Get a Custody Lawyer’s Help

A child custody agreement will be an important court order that outlines the custody of the child, including decision-making abilities, parenting time schedules, and parental rights and responsibilities for children when co-parents separate or divorce. To learn more about your custody rights, contact experienced child custody lawyers in your area.