Joint Custody Agreement Template
This joint custody agreement (this “Agreement” or this “Joint Custody Agreement”) is made and entered into as of date, by and between wife’s name, residing at address (“wife”), and husband’s name, residing at address (“Husband”).
RECITALS
WHEREAS, the Parties were married on DATE; and
WHEREAS, CHILD was born of the marriage as of DATE and is a minor as of the date of this Agreement; and
WHEREAS, the Parties separated in their marriage due to irreconcilable differences as of DATE; and
WHEREAS, the Parties both wish to set forth their agreement with respect to joint custody of CHILD;
Now, therefore, in consideration of the foregoing, and the mutual covenants contained herein, Husband and Wife mutually agree to the following:
1. JOINT CUSTODY.
Child shall be in the joint custody of both wife and husband, with each having him number days at a time. Exchanges of custody shall occur on day at time.
2. PRIMARY CUSTODY.
Wife shall have primary custody of child from day to day and Husband shall have primary custody of child from day to day.
3. EXCHANGES.
Exchanges in custody shall take place at location at time. Both Parties shall provide their own transportation to location.
4. HOLIDAYS.
Notwithstanding the foregoing, Wife shall have primary custody on those holidays referenced in “List 1” below during the first year of this Agreemeent and every “odd” number year thereafter, and primary custody on those holidays referenced in “List 2” below during the second year of this Agreement and every “even” number year thereafter. Reciprocally, Husband shall have primary custody on those holidays referenced in “List 2” below during the first year of this Joint Custody Agreemeent and every “odd” number year thereafter, and primary custody on those holidays referenced in “List 1” below during the second year of this Agreement and every “even” number year thereafter.
10. VISITATION RIGHTS.
While in the custody or care of one Party, the other shall have reasonably liberal visitation rights.
11. ENTIRE AGREEMENT.
This Agreement contains the entire agreement of the Parties related to its subject matter. Any modification or change to this Agreement must be in written form, duly signed by both Parties. This Agreement shall be binding on the Parties and their heirs, next of kin, executors, and administrators.
In Witness Whereof, the Parties have caused this Marital Settlement Agreement to be duly executed and effective as of the Effective Date.
FAQ
There are three most common custody arrangements: 2-2-3, 2-2-5, and alternate weeks. The first two spell out the number of days a child spends with each parent. Under the latter condition, a chld spends one week with one parent, the following week with the other, and so on.
A joint custody agreement needs to include the type of custody each parent has (physical, legal, both), the decision-making process for physical and legal custody (if both parents have these types), custody schedule, review and renegotiation process, and dispute resolution process.
The disadvantages of joint custody include logistical complications (e.g. organizing trips to and from school or sports/arts clubs), disagreements on schedule, and the inconvenience a child experiences when living at different houses in turns, and a risk that a child becomes a pawn in power plays between the parents.
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