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Divorce Custody Agreement Template for United States

A Divorce Custody Agreement is a legally binding document that outlines the terms and conditions for the care, custody, and control of minor children following a divorce or separation. Under U.S. jurisdiction, this agreement must comply with both federal laws (such as the UCCJEA) and state-specific family law requirements. It establishes both legal and physical custody arrangements, visitation schedules, decision-making authority, and protocols for future modifications.

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What is a Divorce Custody Agreement?

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.

What sections should be included in a Divorce Custody Agreement?

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

What sections are optional to include in a Divorce Custody Agreement?

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

What schedules should be included in a Divorce Custody Agreement?

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Divorce Agreement

Cost

Free to use

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