This is an agreement between a married couple with children for shared custody. In lieu
of divorce proceedings, this agreement can be used by the parties to reach a voluntary
and amicable custody arrangement for their minor children. In addition, this agreement
contains a “Schedule A” which sets out the dates and times each parent will have
custody of the children. This agreement can be used by individuals that are in lieu of
divorce proceedings and want to reach an amicable shared child custody agreement
with their former spouse.
SHARED CHILD CUSTODY AGREEMENT
The Husband ____________________ (the “Husband”) and the Wife
___________________ (the “Wife”) (the “Parties”), desire to terminate this marriage which took
place on _________________. The Husband and the Wife desire to enter into this Shared Child
Custody Agreement (the “Agreement”) to provide for the shared custody arrangements for their
minor children ________________, born _______________ and __________________, born
__________________ (the “Minor Children”) and have entered into this Agreement each of his
and her own free will and voluntarily:
1. The Parties request that they be awarded joint legal custody of their Minor Children.
2. The Husband and the Wife each acknowledge and agree that each shall ensure that the
welfare and best interests of the Minor Children are put first and foremost and that any and all
aspect of the dissolution of our marriage shall be kept separate and apart from our joint parenting
of our Minor Children and believe we have the ability to successfully co-parent our Minor
Children. Each of us agrees that we shall use all of our reasonable best efforts not to undermine
the other and to promote the respect and affection of our Minor Children towards each other.
3. We have agreed that primary place of residence for our Minor Children shall be with
_______________ located at ___________________. (Alternatively, “We have agreed that
_____________________ shall have primary physical custody of our Minor Children with a
primary place of residence located at _____________________.”)The other who does not have
primary residence with our Minor Children shall have the co-parenting schedule of times with
our Minor Children which is annexed hereto as Schedule “A” and which has been agreed to by
each of us. (Alternatively, “The other who does not have primary physical custody of our
Minor Children shall have the co-parenting schedule of times with our Minor Children which
is annexed hereto as Schedule “A” and which has been agreed to by each of us.”) Each of us
shall ensure that the other shall have the first right to the care of our Minor Children in the event
the other cannot.
4. We each acknowledge and agree that we have the joint right to make any and all major
decisions affecting our Minor Children including, but not limited to, schooling, medical
decisions, and religious up-bringing and dental care. We each agree that we shall share in the
responsibility in bringing our Minor Children to all medical or dental appointments and such
other appointments as may be necessary for our Minor Children.
5. We each acknowledge and agree that we shall openly communicate with each other in a
pleasant manner and shall discuss in a respectful way all aspects to the care and welfare of our
6. We have negotiated and agreed to a child support payment schedule which is annexed
hereto as Schedule “B” and shall equally share any and all governmental payments in respect to
our Minor Children and shall each pay any and all costs associated with child care or extra-
curricular in proportion to our respective incomes.
7. We each agree that the terms of this Agreement in respect to child support will be
reviewed on an annual basis. In the event any adjustments are required upward or downward,
each of us shall enter into negotiations to provide for such adjustment and shall use all of our
reasonable best efforts to settle any adjustments required in a timely manner.
8. __________________ agrees that he/she shall keep in full force and effect the medical,
dental and eye care benefits which are current in place with the ___________ current employer
___________________. Any and all changes to such benefits shall be immediately provided to
the other party. In the event any medical, dental or eye care costs for our Minor Children are not
covered by such benefits, we agree that such costs shall be shared between us in proportion to
our respective incomes.
9. Neither one of us shall remove our Minor Children from the State of ___________
without providing _________ (___) days’ advance written notice to the other. Neither one of us
shall remove our Minor Children from the United States, without the express written consent of
the other, which consent shall not be unreasonably withheld.
10. In the event an issue arises which we cannot amicably settle between us, we agree that
such issue or dispute shall be referred to mediation and any and all costs associated with such
mediation shall be shared between us in proportion to our respective incomes.
11. This Agreement shall be governed in accordance with the laws of the State of _________
applicable therein and as amended from time to time.
DATED this ____ day of _______________, 2___.
Attorney for the Wife:
Attorney for the Husband:
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