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Custody Agreement

    Not all parents want to visit a formal court of law to settle their children’s custody. Instead, they might want to settle the terms amongst themselves but still sign a contract that is legally binding. That’s why we’ve designed a custody agreement template for divorced or separated parents to use. Make co-parenting easy and download our free custody agreement template below.

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Custody Agreement
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Custody Agreement

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With the custody agreement template, parents can settle for a mutually satisfactory plan regarding raising their child/children together without any future fight or chaos. Here, the judge doesn’t have control to make decisions.

If both the parents wish to work keeping in mind the best interest of the child/children, they can save money, time, and mental stress by creating the child custody agreement template themselves.

However, child support agreements should be used if the parents wish to settle for just child support. Read this article to know more about custody agreements.

What Is a Custody Agreement?

If the parents of the child are not romantically involved anymore, they can enter into a custody agreement to come to terms with how they will co-parent their child or children together.

The issues which can be addressed in custody agreement are health insurance, visitation schedules, college expenses, physical and legal custody, and child support if needed.

After contemplation of the circumstances of both the parent's mutual agreement is outlined in the template. The receipt of which needs to be acknowledged by both parties.

Get a Free Custody Agreement Template Today!

With our free custody agreement template, you can decide on your own rules for co-parenting a child. Settle important matters such as health insurance and visits without involving a judge with a free custody agreement. Click on the button below to download our free custody agreement template today.

Why Needs a Custody Agreement?

In case, the parents decide to go informal and take decisions mutually without confronting law, the arrangements can become problematic in the future. This happens mostly when the parents separate before consciously establishing a positive co-parenting.

At any event, one of the parents shall disagree with the children’s schedule, financial need, childcare, or other issues. One parent shall refuse to cooperate with the kids to go to the other parent, to contribute to the financial expenses of the child, and more.

Therefore, to save both the parents from all the drama and chaos, it is best to create your written agreement at the time when both the parents are on good terms.

Who Are the Parties Involved in a Custody Agreement?

The parties involved in the custody agreements are the legal parents of the minor child/children. They agree to make a mutual settlement of the care and custody of their child/children. The parents can use a sample custody agreement to create their template.

Whereas, it is crucial to state clearly the names of the parents involved in the custody:

“ The custody agreement ( referred to the legal “Agreement”) is made and entered by [father of the child’s name] and [mother of the child] on [date] in [residential city], [state] for [Child/Children name], born on [DOB]. ”

What Are Included in a Custody Agreement?

There are several things your custody agreement will include concerning the parents’ wishes and child’s requirements. However, these things can be summarized in the given below pointers:

Legal Custody

The exclusive custody of the child goes in the hands of the mother and she is responsible to take decisions of the child's welfare, which includes but not limited to, healthcare, education, and religion.

However, the father shall be provided the opportunity to contribute to every decision-making of significant matters (except the emergency circumstances). The parents can refer to the custody agreement to get more clarity of the structure of this point in the agreement.

Visitation Schedule

This includes when the child spends time with the parents. The schedule needs to indicate with which parent the child should be. The complete schedule includes:

  • Residential Schedule: The basic schedule of the child with which parent during the weekdays and weekends.
  • Holiday Schedule: The schedule where the child will spend time on holidays like special occasions and school breaks.

Child Support Information

The circumstances of the mother affect the child support decision. The expense of child support is calculated based on the parent’s residential state. The parents put forth the information of child support into the agreement as per the norms of the local courthouse.

The calculation is implied through the income of each parent and the period each parent spends with the child to provide accurate support to the child.

Get a Free Custody Agreement Template Today!

With our free custody agreement template, you can decide on your own rules for co-parenting a child. Settle important matters such as health insurance and visits without involving a judge with a free custody agreement. Click on the button below to download our free custody agreement template today.


To know regarding the procedure of submitting the agreement, the parents can check the local and state laws. The parents shall prepare their own written plan with mutual consent with the help of sample custody agreements.

Nevertheless, if any of the parents don’t agree on any of the terms, the parents can take this forward in the court and the judge will decide what is in the best interest of the child.

Furthermore, if any of the parents have any doubts, contact Cocosign. We have expert customer service to resolve all the doubts regarding custody agreements or any other agreements.


Custody Agreement


This Custody Agreement (this “Agreement”) is made and entered into as of this __________, (the “Effective Date”) by and between __________, residing at __________, __________, __________ __________ (“First Parent”) and __________, residing at __________, __________, __________ __________ (“Second Parent”).


WHEREAS the parties are parents or legal guardians of the following minor child(ren) (referred to herein as the “minor child”):

WHEREAS, it is the desire and intention of the parties that the care and custody of the minor child be finally fixed by this Agreement.


NOW THEREFORE, First Parent and Second Parent freely and fully accept the provisions, terms and conditions hereof and in consideration of the promises and mutual covenants herein contained as well as for other good and valuable considerations not herein specifically set forth, the parties do hereby agree to the following:


1. Legal Custody of the Minor Child. The parties agree that  shall have sole legal custody of the minor child and shall be free to make all decisions in all matters pertaining to the upbringing of the minor child, including health, medical and dental care, education, religion, vacations, travel and welfare.


2. Physical Custody of the Minor Child. The parties agree that shall have primary physical custody of the minor child. The parties agree that  will claim the minor child on his/her federal, state and local tax returns.


3. Minor Child’s Medical Insurance. shall maintain existing medical insurance for the minor child. First Parent shall be entitled to receive confirmation of the status of the insurance annually directly from the insurance carrier. Any and all reasonable expenses not covered shall be paid by .


4. Bankruptcy. The rights, obligations and responsibilities provided in this Agreement shall not be dischargeable in bankruptcy.


5. Legal Representations. Each party has had the opportunity to have independent counsel and legal advice of his/her own selection in the negotiation of this Agreement. Each party fully understands the facts and has been fully informed as to his/her legal rights and obligations.


6. Fees and Costs. Each party shall be solely responsible for his/her respective attorney’s fees and costs incurred as a result of the negotiation of this Agreement. However, in the event that either party shall retain or engage an attorney or attorneys to collect or enforce or protect his/her interest with respect to this Agreement, the prevailing party shall be entitled to receive payment of all costs and expenses of such collection, enforcement or protection, including reasonable attorneys' fees.


7. Free and Voluntary Execution. The parties hereto declare that they have fully read and fully understand the provisions contained in this Agreement and believe this Agreement to be fair, just and reasonable. Each party is signing this Agreement freely and voluntarily, without undue influence, fraud, collusion or misrepresentation, and intend to be bound by it.


8. Further Assurances. Each party shall execute, acknowledge or deliver any instrument, paper or document, furnish any information or take such other actions as reasonably may be necessary in connection with the performance of the obligations set forth in this Agreement.


9. Modifications and Amendments. This Agreement may only be amended or modified or deemed amended or modified by an agreement in writing duly signed by the parties or by any court of competent jurisdiction.


10. No Waiver. Any non-written waiver by either party of any provision of this Agreement or any right or option hereunder shall not be controlling, nor shall it prevent such party from thereafter enforcing such provision, right or option. The failure of either party to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or relinquishment for the future of any such term or provision, but the same shall continue in full force and effect.


11. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of __________.


12. Disputes. In the event it shall become necessary to enforce this Agreement or any term hereof, either party shall be free to seek enforcement of this Agreement in the applicable court of competent jurisdiction.


13. Admissibility. This Agreement or a copy of the same may be introduced in evidence by either party to this cause, and the court is requested to make the same a part of any final order or final judgment entered in this cause. This Agreement will be construed as being jointly prepared and written by all parties hereto.


14. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable parts had not been included in this Agreement.


15. Mutual Release. Except as provided in this Agreement, each party releases the other from all claims, demands due, debts, rights, or causes of action in contract, tort or otherwise up to the date of this Agreement.


16. Headings. The section headings herein are for reference purposes only and shall not otherwise affect the meaning, construction or interpretation of any provision of this Agreement.


17. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, heirs, administrators, executors, successors and permitted assigns.


18. Entire Agreement. This Agreement contains the entire understanding of the parties, who hereby acknowledge that there have been and are no representations, warranties, covenants, or understandings other than those expressly set forth herein.



IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.





First Parent Signature


First Parent Full Name






Second Parent Signature


Second Parent Full Name









What is a Parenting Plan?


A Parenting Plan is an agreement between the parents of a child or children that sets out the details regarding the custody, visitation, and parenting arrangements of the child or children. During a separation or a divorce, a former couple must decide how to split everything they accumulated, including any children they may have had. A Parenting Plan allows the parents to detail who gets to make decisions about the child, how much time each party will spend with the child, and whether any party will receive child support, as well as any other agreements the parents may come to.


When is a Parenting Plan Needed?


Divorces and separations can be messy, especially if the parties have children. A Custody Agreement can help ease some of the some of the uncertainty and tension for both the parents and the child.


If you and your partner are splitting up and you have children, you will need a Custody Agreement. The agreement can be a temporary agreement, or a permanent agreement that is approved by a court with jurisdiction. This document can help you determine:


  Child support

  Legal custody

  Physical custody

  Visitation or parenting schedule

  Medical care



  Rules and guidelines

  Child care





The most important factor when preparing a Custody Agreement is to consider the best interests of the child, especially if you will have the agreement approved by a court. It is important to remember that the child will be greatly affected in a separation.


Not only will he or she be dealing with the anger, frustration and disappointment of a divorce, having two new homes, and spending less time with one parent, but also having to give up time and desires to accommodate the new arrangements.


What Should be Included in a Parenting Plan?


A simple Parenting Plan should generally address the following:


  Parents: The names and addresses of the parents of the child.

  Child: The names and birthdates of the children who are the subject of the agreement.

  Legal Custody: Which parent will have the right to make important decisions for the child?

  Physical Custody: Which parent will the child live with?

  Parenting Schedule or Visitation: Specific details regarding splitting the child’s time between the parents.

  Child Support: Whether or not one parent will be entitled to receive money from the other parent for the care of the child.

  Parent’s Rights and Responsibilities: What actions can and cannot be taken while the child is under the care of the other parent?

  Expenses: Which parent will be responsible for the expenses of the child, including medical insurance and tuition?

  Disputes: Will the parties first attempt mediation if disputes arise regarding the agreement?

  Court Order: Will the agreement be filed in court as part of a separation or divorce agreement?


Other Names


As a reference, a Custody Agreement is known by other names:


  Child Custody Plan

  Child Custody Agreement

  Child Visitation Agreement

  Custody Agreement

  Parenting Agreement


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