Joint custody agreements are typically created to determine how co-parents will share time with their child or children following a divorce or separation. This agreement can be established through a court order or through mediation between the co-parents.
Having a well-written joint custody agreement is essential to ensure that both parents are on the same page when it comes to child custody arrangements. To help you understand how a joint custody agreement is structured and what it might include, we’ve provided some samples for you to review.
Common Clauses in a Joint Custody Agreement
Before diving into some sample clauses, it’s helpful to understand the types of provisions that are typically included in a joint custody agreement. These clauses can cover a wide range of topics, but some of the most common include:
• The physical custody schedule for the child
• Holiday and vacation schedules
• Rules for contact and communication between the co-parents and child
• Medical care and insurance provisions
• Child support obligations
• Decision-making responsibilities
Now, let`s take a look at some sample clauses that could be included in a joint custody agreement.
Sample Joint Custody Agreement Clauses
1. Physical Custody Schedule
The physical custody schedule outlines which days the child will be with each parent. This could range from a 50/50 split to a more uneven schedule, depending on the family’s individual circumstances. An example clause might read:
“Mother and Father shall share physical custody of the child on a week on/week off basis, with exchanges occurring on Sunday evenings at 7:00 p.m.”
2. Holiday and Vacation Schedules
Holiday and vacation schedules are important to ensure that both parents have an opportunity to spend time with their child during special occasions. Here`s an example clause for a holiday schedule:
“Mother shall have custody of the child on Thanksgiving Day in odd-numbered years, and Father shall have custody of the child on Thanksgiving Day in even-numbered years.”
3. Rules for Contact and Communication
It’s important to outline how the co-parents will communicate with each other and their child. This is especially relevant in situations where parents have a strained relationship. Here’s an example clause:
“Both parents shall have the right to communicate with the child via phone or video call when the child is with the other parent, provided that such communication does not interfere with the child’s schoolwork or extracurricular activities.”
4. Medical Care and Insurance Provisions
Medical care and insurance provisions are important to ensure that the child has access to necessary healthcare. An example clause might read:
“Mother shall provide health insurance coverage for the child, and both parents shall have access to the child’s medical records and shall be notified in the event of any significant medical issues.”
5. Child Support Obligations
Child support is an important consideration in any joint custody agreement. Here’s an example clause:
“Father shall pay child support to Mother in the amount of $1,000 per month, due on the first of each month. Child support shall continue until the child reaches the age of 18, or until further order of the court.”
6. Decision-Making Responsibilities
In some cases, one parent may have primary decision-making responsibility for important issues such as education or healthcare. An example clause might read:
“Mother shall have primary decision-making responsibility for all educational decisions regarding the child, including the selection of schools and extracurricular activities.”
Final Thoughts
Creating a joint custody agreement can be a complex process, but by including these common clauses in your agreement, you can protect both you and your child’s best interests. Remember, it’s important to work with an experienced family law attorney to ensure that your joint custody agreement is thorough and legally binding.