A Child Custody Agreement is between the parents of a child to determine the terms relating to child custody, visitation, parenting arrangement, child support ( maintenance and financial arrangement). The Agreement is drafted in favour of the Mother.
During a separation or a divorce, the parents may decide that either the Father or the Mother will have the custody of the Child. This Agreement enables the parties to set out a parenting plan whereby they determine aspects relating to the amount of time spent by each parent with the Child; who will be making the day to day decisions; who will make important decisions; who will responsible for child support; where will the child spend his/her holidays etc.
It is important to draft a child custody agreement and include a parenting plan keeping the best interest of the child in mind. Under this Agreement, The Mother has the sole custody of the Child and agrees to provide reasonable access to the Father as per the terms and conditions of the Agreement. The Father is responsible for making the child support payments, insurance premium and education-related expenses for the Child until the Child reaches the age of majority.
A Child Custody Agreement is also known as Parenting Plan Agreement; Child Visitation Agreement; Custody Plan; Parenting Agreement; Custody Arrangement or Parental Custody Agreement.
This Agreement helps you to address the following key conditions of child custody:
(a) Legal Custody: Under this agreement, the Mother has the sole and exclusive legal custody of the Child i.e. the Mother has the right to take all decisions relating to the Child.
(b) Physical Custody: Under this Agreement. the Mother has the physical custody of the Child i.e. the Child will live together with the Mother and the Father will have the visitation rights as set out in the Agreement
(C) Child Support (Education and Health care): The template allows you to incorporate an existing child support order or to modify the existing child support order. This revised child support needs to be approved by the court to be effective and until then the existing child support order shall continue to be in operation. The Courts generally approve the child support amount that is mutually agreed upon by the parents of the Child.
(d) Visitation Rights of the Father: The Parents can customize the child custody agreement by incorporating a mutually agreed upon visitation schedule.
(e) Holidays/Vacation and Special Days: The Child Custody template allows the parents to decide the visitation for holidays. While the visitation rights on special days (birthday, mothers day) can be decided mutually by the parents on a per event basis. For vacation, It does give two-week unrestricted access to the father to go on vacation with the Child on days that are convenient to the Mother
(g) Rules relating to relocation and emergency situations
(h) Dispute resolution mechanism (informal discussion and mediation) before the parties decide to go to court.
This document should be carefully read by the Individual Father and Mother.
Both parties should sign and return a copy, and once signed, both parties should get a copy. To avoid any future disputes, both parties may wish to have their signatures witnessed.
The visitation arrangement, amount of child support and personal information of the Child, Mother and Father order should be clearly stated.
The agreement can be a temporary agreement or a permanent agreement that is
approved by a court with jurisdiction.
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