A Legal Joint Custody Agreement is essential when parents in the Philippines need to formalize shared custody arrangements for their minor children. This document is particularly relevant following separation, divorce (where recognized under Philippine law), or in cases where unmarried parents need to establish clear custody guidelines. The agreement must comply with the Family Code of the Philippines and related legislation, including the Special Protection of Children Against Abuse, Exploitation and Discrimination Act. It typically includes comprehensive provisions for both physical custody schedules and legal decision-making authority, financial responsibilities, communication protocols, and dispute resolution mechanisms. The document should be drafted with consideration of Philippine Supreme Court jurisprudence on child custody matters and may require court approval in certain circumstances.
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1. Parties: Identifies and provides full legal names and addresses of both parents entering into the joint custody agreement
2. Background: States the relationship history, marriage/divorce details if applicable, and children's information including names and birthdates
3. Definitions: Defines key terms used throughout the agreement including 'joint custody', 'physical custody', 'legal custody', and other relevant terms
4. Purpose and Intent: States the purpose of the agreement and confirms both parents' commitment to joint custody arrangement
5. Legal Custody Rights and Responsibilities: Details shared decision-making responsibilities regarding education, healthcare, religion, and other major life decisions
6. Physical Custody Schedule: Specifies the regular time-sharing schedule including weekdays, weekends, and transitions between parents
7. Holiday and Special Occasions Schedule: Outlines custody arrangements for holidays, birthdays, school breaks, and other special occasions
8. Communication Protocol: Establishes guidelines for communication between parents and with children when with the other parent
9. Decision Making Process: Details how parents will make joint decisions and resolve disagreements
10. Financial Responsibilities: Specifies how child-related expenses will be shared and managed
11. Medical Care and Emergency Procedures: Establishes protocols for routine medical care and emergency situations
12. Modification of Agreement: Outlines the process for making changes to the agreement
13. Governing Law: Confirms the agreement is governed by Philippine law and specifies relevant jurisdiction
14. Execution: Includes signature blocks and notarization requirements
1. International Travel Provisions: Required when either parent lives abroad or international travel is anticipated
2. Extended Family Access: Include when grandparents or other family members need defined access rights
3. Special Needs Provisions: Required when child(ren) have special medical, educational, or other needs
4. Religious Upbringing: Include when parents have specific agreements about religious education or practices
5. Education Costs: Required when there are specific agreements about private school or future educational expenses
6. Relocation Provisions: Include when there's possibility of either parent relocating
7. Step-Parent/New Partner Guidelines: Include when either parent has new partners who will have significant interaction with the children
1. Schedule A - Detailed Custody Calendar: Monthly calendar showing regular custody schedule, holidays, and special occasions
2. Schedule B - Contact Information: Comprehensive list of contact details for both parents, emergency contacts, and relevant caregivers
3. Schedule C - Expense Allocation: Detailed breakdown of shared expenses and payment responsibilities
4. Schedule D - Medical Information: Children's medical history, insurance information, and preferred healthcare providers
5. Appendix 1 - Communication Log Template: Standard format for documenting important communications between parents
6. Appendix 2 - Expense Tracking Form: Template for tracking and reconciling shared expenses
7. Appendix 3 - Modification Request Form: Standard form for requesting changes to the custody agreement
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