Divorce Custody Agreement Template for United States

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Key Requirements PROMPT example:

Divorce Custody Agreement

"Need a Divorce Custody Agreement for two children (ages 8 and 11) with joint legal custody but primary physical custody with me, including specific provisions for international travel as I frequently travel to Canada for work, to be effective from March 2025."

Document background
The Divorce Custody Agreement serves as a comprehensive framework for co-parenting after divorce or separation in the United States. This document is essential when parents need to establish clear guidelines for shared responsibility of their children. It details everything from daily care schedules to decision-making authority for education, healthcare, and other vital aspects of children's lives. The agreement must comply with both federal and state laws, including the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and state-specific family law statutes. It's typically drafted during divorce proceedings but can be modified as circumstances change.
Suggested Sections

1. Parties: Identification of both parents and children involved in the agreement

2. Background: Brief history of marriage, separation, and current custody situation

3. Definitions: Key terms used throughout the agreement including custody types, visitation periods, etc.

4. Legal Custody Provisions: Details of decision-making authority regarding education, healthcare, religion, etc.

5. Physical Custody Arrangements: Primary residence and regular custody schedule

6. Visitation Schedule: Detailed schedule for non-custodial parent's time with children

7. Holiday and Vacation Schedule: Specific arrangements for holidays, school breaks, and vacations

8. Communication Protocol: Rules for parent-to-parent and parent-to-child communication

9. Modification Procedures: Process for changing agreement terms

Optional Sections

1. Relocation Provisions: Terms and conditions for potential geographic moves by either parent

2. International Travel: Rules and requirements for taking children abroad, including passport arrangements

3. Special Needs Provisions: Specific arrangements for children with medical, educational, or other special requirements

4. Right of First Refusal: Terms giving a parent priority to care for child when other parent needs childcare

Suggested Schedules

1. Detailed Visitation Calendar: Calendar showing regular custody rotation and special occasions

2. Holiday Schedule Grid: Year-by-year breakdown of holiday arrangements

3. Contact Information Sheet: Emergency contacts, medical providers, school information

4. Expense Allocation Schedule: Breakdown of shared expenses and payment responsibilities

5. Transportation Schedule: Details of pick-up/drop-off arrangements and responsibilities

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Industries

UCCJEA: Uniform Child Custody Jurisdiction and Enforcement Act - Federal legislation that determines which state has jurisdiction over child custody matters and prevents parents from moving children to different states to gain custody advantage

PKPA: Parental Kidnapping Prevention Act - Federal law that requires states to enforce and not modify other states' custody determinations and prevents interstate custody conflicts

State Family Law Codes: State-specific laws governing custody arrangements, including custody standards and parenting time guidelines. These vary by state and must be consulted based on jurisdiction

Best Interests Doctrine: Primary legal standard used in custody decisions, considering factors such as child's relationships, adjustment to environment, and parents' capabilities to meet child's needs

Custody Types: Legal framework distinguishing between Legal Custody (decision-making authority) and Physical Custody (where child resides), both of which must be addressed in the agreement

Parental Rights Framework: Comprehensive outline of rights and responsibilities including visitation schedules, decision-making authority, financial responsibilities, medical care authority, and educational decisions

Modification Provisions: Legal requirements for when and how the custody agreement can be modified, including circumstances and processes for modifications

Relocation Requirements: Legal framework for handling potential relocations, including notice requirements, geographic restrictions, and processes for managing relocations

Dispute Resolution Framework: Legal structure for handling disputes, including mediation requirements, court intervention procedures, and communication protocols between parties

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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