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A Child Custody Agreement is between the parents of a child to determine the terms relating to child custody, visitation, parenting arrangement, and child support ( maintenance and financial arrangement). The Agreement is drafted in favour of the Father, i.e. the Father has the sole custody of the child with reasonable access to the Mother.
During a separation or a divorce, the parents may decide that either the Father or the Mother will have 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 be responsible for the child support; where will the child spend their holidays etc.
It is essential to draft a child custody agreement to include a parenting plan that has the child's best interest. Under this Agreement, the Father has the sole custody of the Child and agrees to provide reasonable access to the Mother as per the terms and conditions of the Agreement. The Mother is responsible for making the child support payments, insurance premiums 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 Father has the sole and exclusive legal custody of the Child, i.e. the Father has the right to take all decisions relating to the Child.
(b) Physical Custody: Under this Agreement. the Father has the physical custody of the Child, i.e. the Child will live together with the Father, and the Mother will have the visitation rights as mutually agreed by the parties and set out in the Agreement
(C) Child Support (Education and Health care): The template allows you to incorporate an existing child support order or 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 customise 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 Mother to go on vacation with the Child on days that are convenient to the Father.
(g) Rules relating to relocation and emergencies
(h) Dispute resolution mechanism (informal discussion and mediation) before the parties decide to go to court.
The Individual Father and Mother should carefully read this document.
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.