What Does a

Sample of a Child Custody Agreement

Look Like?
A child custody agreement is the framework upon which post divorce parenting is
based. It is a very important document and one that needs a lot of consideration in
drafting.

The basic components of a child custody agreement include :

residency including provisions for geographic moves etc.

access periods for each parent including holidays and other special events and
ocassions
decision making and responsibilities regarding education, health and religion
financial responsibilities in the form of child support obligations
Sample Premarital/Prenuptial Agreement

Also available in PDF | MS Word

The following form is intended for illustrative purposes only. You and your attorney can use this sample as
a guide in drafting a prenuptial agreement that best protects your interests and complies with the laws in
effect where you live.

________________________________________, hereinafter referred to as Prospective Husband, and

_______________________________________, hereinafter referred to as Prospective Wife, hereby
agree on this _____ day of ________________, in the year ______, as follows:

1. Prospective Husband and Prospective Wife contemplate marriage in the near future and wish to
establish their respective rights and responsibilities regarding each other's income and property
and the income and property that may be acquired, either separately or together, during the
marriage.
2. Prospective Husband and Prospective Wife have made a full and complete disclosure to each
other of all of their financial assets and liabilities, as more fully set forth in the accompanying
Financial Statements, attached hereto as Exhibits A and B.
3. Except as otherwise provided below, Prospective Husband and Prospective Wife waive the
following rights:
1. To share in each other's estates upon their death.
2. To spousal maintenance, both temporary and permanent.
3. To share in the increase in value during the marriage of the separate property of the
parties.
4. To share in the pension, profit sharing, or other retirement accounts of the other.
5. To the division of the separate property of the parties, whether currently held or hereafter
acquired.
6. To any claims based on the period of cohabitation of the parties.
4. [SET FORTH RELEVANT EXCEPTIONS HERE.]
5. [ADDITIONAL PROVISIONS HERE. These can range from prescribing that the children will be
raised in a particular religion to allocating household chores between the parties.]
6. Both Prospective Husband and Prospective Wife are represented by separate and independent
legal counsel of their own choosing.
7. Both Prospective Husband and Prospective Wife have separate income and assets to
 independently provide for their own respective financial needs.
8. This agreement constitutes the entire agreement of the parties and may be modified only in a
writing executed by both Prospective Husband and Prospective Wife.
9. In the event it is determined that a provision of this agreement is invalid because it is contrary to
applicable law, that provision is deemed separable from the rest of the agreement, such that the
remainder of the agreement remains valid and enforceable.
10. This agreement is made in accordance with the laws of the state of _________________, and
any dispute regarding its enforcement will be resolved by reference to the laws of that state.
11. This agreement will take effect immediately upon the solemnization of the parties' marriage.

I HAVE READ THE ABOVE AGREEMENT, I HAVE TAKEN TIME TO CONSIDER ITS IMPLICATIONS, I
FULLY UNDERSTAND ITS CONTENTS, I AGREE TO ITS TERMS, AND I VOLUNTARILY SUBMIT TO
ITS EXECUTION.

_______________________________ ______________________________
Prospective Husband Prospective Wife
Custody of child.

A is the father of the child B born on the _________ day of _________, 19__. B has for
most of the time resided with her [his] grandparents. C, the mother of B, is now seriously
ill and may not recover and it has been agreed that in the event of death the
grandparents shall assume the care and maintenance of B and take over custody, to which
A has agreed.

In consideration of the premises and one dollar paid by grandparents to A, A grants

and assigns to grandparents all rights to the possession, custody, control, and care of B
and all the right and advantage to be derived from the custody and possession of the child
until she [he] attains majority or marries under that age.

A appoints grandparents to be the guardians of the personal estate of B until she [he]
shall attain the age of eighteen years or marries, and agrees not to revoke this
appointment or appoint any other person to be the guardian of the child, and
grandparents will adopt the child and covenant and agree with A that until such time as
the child attains the age of eighteen years or marries they will maintain, lodge, clothe, and
educate B to the same extent and in the same manner as if B were their own lawful child,
and will at their own expense provide the child with all necessaries, and will pay and
discharge all debts and liabilities which the child may incur for necessaries, and will
indemnify A against all actions, claims, and demands. Grandparents agree that A shall
have access to the child at all reasonable times.

A agrees not to try to use these visits for the purpose of influencing the child to leave
grandparents. It is further covenanted and agreed that A will not nor shall any person
transfer in any way the rights of A in the control and custody of the child.

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AGREEMENT FOR SHARED CUSTODY

Petitioner, _________[petitioner], and Respondent _________[respondent], are in the process of dissolving

their marriage. In an attempt to provide for the best interest of their minor children, _________[name children and
state ages] the parties voluntarily enter into the following agreement:

1. We believe that both of us are fit and proper parents to be awarded legal custody of our minor children,
_________[name child(ren)].

or

1. The parties are both fit and proper persons to have the care, custody and control of the minor children,
_________[name child(ren)].

2. We agree to advance the welfare and the best interests of our child(ren). We realize that our divorce may be a
painful and traumatic event for them. We wish to try to reduce the trauma by demonstrating our continuing desire
and ability to coparent. We agree not to undermine the respect and affection the children have for the other parent.
 3. We believe it is in our children's best interests to share the physical and legal custody of our children.

or

3. Considering the best interests of our children, we agree to rest the physical and residential care of the minor
children with _________[specify parent] with paternal access and parental rights in _________[specify parent] as
specified in this document.

4. To provide for continuity during the school year, since _________[specify parent] intends to be living outside
of the city limits, the residence of the children shall be with _________[name] from one week before the beginning
of school until one week after school has terminated. _________[Name] will have the primary day-to-day
responsibility for the guidance and upbringing of the children during the school year.

5. The residence of the children shall be with _________[specify parent] during the summer months from one
week after school is out until one week before school begins. _________[Name] shall have the primary day-to-day
responsibility for the guidance and upbringing of the children during that period.

6. During the time that the children's residence is with one parent, the other parent shall have the children for one
overnight every weekend and during the week as the children's schedules allow.

7. We both have the right to make major decisions affecting the children, including but not limited to:
authorization for major medical or psychiatric care; educational placement; and religious training. We each have the
right to receive and inspect all school and medical records. The parent having residential custody shall be
responsible for taking the children to any regularly scheduled medical or dental appointments and for handling any
medical and dental emergencies. In an emergency situation, the permissions of both parents are unnecessary.

or

7. We agree to consult each other frequently by telephone, in person or by correspondence to mutually agree as
to the general health and welfare, education and development of our children. Both of us shall have access to
medical and school records. The parent having physical custody of the children shall take the child to any medical or
dental appointments.

8. From September through May of each year, _________[respondent] agrees to pay to _________[petitioner]
the sum of $_________ for the support of the children. From June through August _________[name of parent] will
reduce the amount paid to $_________ per month because _________ [he or she] will be paying child care and
camp expenses for the children as well as buying their summer clothes. There shall be no further child support owed
by either party to the other. All payments are due on the first day of each month.

9. We agree to review the support needs of our children annually. If adjustments need to be made upward due to
increased needs of the children or increased resources for either of us, we will attempt to agree on increases. We will
not reduce the amount specified in this agreement without the approval of the court.

10. _________[Specify parent] agrees to keep in effect the family health insurance policy provided by his/her
employer. Should _________[name] change jobs or should the employer provide other health care options,
_________[name] agrees to maintain health care benefits at least equivalent to those that existed on the date of this
agreement. _________[Name] agrees to pay all medical and dental costs not covered by insurance. If either child
needs orthodontic work, _________[name] agrees to pay the full costs.

11. We agree not to remove the physical custody of the children from this state without the permission of the
other parent or court order. Notice must be given of any intent to move at least 21 days prior to the move and shall
constitute a sufficient change of circumstances to allow modification of this agreement and the court decree.
 12. In the event we cannot agree on a matter involving the children, including any increases in support, we agree
to contact the Dispute Resolution Center and apply for mediation of the dispute. If mediation proves unsuccessful,
either of us may move for modification of the custody order as provided by the law of this state.

13. We feel that it is important for the children to know both sets of grandparents. Because _________[specify
parent]'s parents live out of state, the parties agree that the children may visit the grandparents for one week in the
summer at their home in Arkansas or in some other mutually agreed upon place. _________[Name] agrees to take
the responsibility for making the arrangements and for paying for the transportation costs involved.

14. This agreement reflects our current feelings with respect to the best interests of our children. We want to
remain flexible. We feel that if any of the following events should occur, either of us may ask to reconsider the
existing custody arrangement in light of the new circumstances:

a. One parent wishing to move from the state;

b. Serious problems affecting the physical or emotional health of either of us or one of the children;

c. Remarriage of either of us or cohabitation;

d. A change in the development needs of the children.

[Petitioner] [Respondent]
[Attorney for Petitioner] [Attorney for Respondent]