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Child Custody and Visitation Agreement

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Child Custody and Visitation Agreement Powered By Docstoc
					A child custody and visitation agreement is an agreement between two parents
illustrating possible ways to share custody of their children following a divorce or
separation. The agreement below describes a particular arrangement wherein one
parent (the “Custodian”) has the sole physical custody to the child and has joint legal
custody with the other parent (the “Non-Custodial Parent”). Physical Custody means
that a parent has the right to have a child live with him or her. Legal custody of a child
means having the right and the obligation to make decisions about a child's upbringing.
Further, one parent can have either sole legal custody or sole physical custody of a
child, or there can be a joint custody arrangement.
        CHILD CUSTODY AND VISITATION AGREEMENT


This Agreement has been entered into between ___________________________ ("Custodian")
and ________________________________________ ("Non-Custodial Parent") hereinafter
referred to as “Party” individually or “Parties” collectively as of this _____ day of
____________, 20____.



BACKGROUND

Custodian and Non-Custodial Parent desire to establish an arrangement to share custody of their
child following their divorce. Parties hereby agree that Custodian shall have the sole physical
custody of ________________________________________ ("Child"), and both parents shall
have a joint legal custody of the child in relation to the major decisions concerning the Child.
Further, Non-Custodial Parent shall have visitation rights as described herein.

1. Custodian shall be the primary residential parent of the Child.

2. Non-Custodial Parent shall have the right to visit the Child once each week, on either of the
   following days, between the following hours, respectively: (A) on ______________ [day of
   the week] between _________________ [starting hour] and ______________ [ending
   hour] or ______________ [alternate starting hour] and ______________ [alternate
   ending hour]; or (B) on ______________ [day of the week] between _________________
   [starting hour] and ______________ [ending hour] or ______________ [alternate
   starting hour] and ______________ [alternate ending hour]. Further, the Parties agree to
   the following “Visitation Schedule” attached hereto. [Comment: the user can choose any
   timeframe the user wants].

3. Parties agree that the Non-Custodial Parent will notify the Custodian on or before
   ___________________________ [day of the week and time of day] whether the Non-
   Custodial Parent intends to visit the Child and on which of the designated days and times.
   Should any day or hour selected causes inconvenience, the Custodian will notify the Non-
   Custodial Parent no later than ___________________________ [day of the week and time
   of day], and the Non-Custodial Parent shall be permitted to visit the Child the alternate day
   or during the alternate hours.



4. Both Parties agree, that the Non-Custodial Parent shall have the right to converse at least ___
   [Three (3)] [Comment: this number is not provided for by law, but can be any number
   the user chooses] times a week on the telephone with the Child without interference from
   the Custodian.

5. Parties agree that Parties shall alternate custody of the children on each of the children's
   birthdays, parent's birthdays, New Year's Day, Fourth of July, Thanksgiving Day, and Easter
   Sunday. Parties shall split custody of the children on Christmas Day. [Comment: optional]


6. The natural mother shall have custody of the children on Mother's Day and that the natural
   father shall have custody of Father's Day. [Comment: optional]

7. Non-Custodial Parent shall have the right to receive full and complete information and copies
   of reports from any physician, dentist, consultant or specialist attending to the children's
   physical or mental needs for any reason whatsoever. The Custodian shall promptly inform
   the Non-Custodial Parent in the event of illness of the Child. The word "illness" shall be
   mean any illness, other than any illness from which the Child is now suffering, which shall
   confine the Child to bed for more than two days.

8. On all matters of importance relating to the Child's health and education, the Custodian shall
   consult and confer with the Non-Custodial Parent, with a view to adopting and following a
   harmonious policy. Further Parties agree that Custodian shall have the responsibility for day-
   to-day parenting decisions, including vacation and holiday parenting. Such parental day-to-
   day decisions include treatment of minor health problems and injuries, diet, television, house
   rules and discipline, bedtime, etc. Both parents will ensure that Child’s school books, book
   bag, lunch and sports equipment will be given to her/him/them when she/he/they visit the
   other parent.


9. On all other significant matters involving the Child, Parties agree to consult with each other
   always taking account of the Child's best interests.


10. If Custodian is unable to take care of the Child for any plausible reason, Custodian shall
    notify the Non-Custodial Parent so that Non-Custodial Parent has the option of providing for
    the personal care of the Child rather than a third Party.


11. Neither Party shall do anything which may estrange the Child from the other Party.


12. In the event of a major dispute or change in circumstances regarding the terms of this
    Agreement, Parties agree to return to mediation in an attempt to modify the terms and
    provisions either through a court appointed mediator or a private mediator of their choice
    before bringing any action before the court.




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Subscribed before me this ___ day of _________, 20___


___________________________
NOTARY PUBLIC


________________________________________ Date: ______________
Signature of Non-Custodial Parent

________________________________________
Non-Custodial Parent's Printed or Typed Name


________________________________________ Date: ______________
Signature of Custodian

________________________________________
Custodian's Printed or Typed Name




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VISITATION SCHEDULE

[Comment: set forth the details for the visitation schedule]

The Non-Custodial Parent will have visitation with the Child according to the following
schedule:
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
________________________

____ The Non-Custodial Parent will have visitation with the Child on the following days:

____ Child's birthday
____ Parent's birthday
School breaks (list):
____ __________________
____ __________________
____ __________________
____ __________________
____ New Year's Day
____ Valentine's Day
____ Passover
____ Easter
____ Memorial Day
____ Fourth of July
____ Labor Day
____ Thanksgiving
____ Hanukkah
____ Christmas Eve
____ Christmas Day
____ Kwanzaa
Other religious holidays (list):
____ __________________
____ __________________
____ __________________
____ __________________



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Other special days (list):
____ __________________
____ _________________




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DOCUMENT INFO
Description: A child custody and visitation agreement is an agreement between two parents illustrating possible ways to share custody of their children following a divorce or separation. The agreement below describes a particular arrangement wherein one parent (the “Custodian”) has the sole physical custody to the child and has joint legal custody with the other parent (the “Non-Custodial Parent”). Physical Custody means that a parent has the right to have a child live with him or her. Legal custody of a child means having the right and the obligation to make decisions about a child's upbringing. Further, one parent can have either sole legal custody or sole physical custody of a child, or there can be a joint custody arrangement.
This document is also part of a package Divorce Starter Kit 11 Documents Included