Child Custody Agreement Template

This custody agreement template details the legal and logistical terms parents need to agree to when making their child custody arrangements official. You can use this template when there’s no existing court order:

• To determine if custody is sole or shared and who has the authority to make decisions regarding education, health care, and religious upbringing.
• Parties can flesh out details of residential custody, including where the child will live and any associated child support orders.
• Includes options to detail visitation schedule for weekends, holidays, birthdays, and vacations.
• Sample transportation and exchange language can be used to determine the pickup location, who can drive, and the rules for behavior during exchanges.
• Attach additional supporting documentation, such as existing child support orders or court-issued visitation schedules.

The template is customizable and ready to use for free in Word or PDF before you sign.  

Who It’s For

This custody agreement template is designed for parents who want to document how they’ll divide time and responsibilities with their kids.

Whether you’re getting divorced, splitting from your partner, or you were never married at all, our custody agreement lets you put your parenting plan into writing. It’s also useful if you have a court order and want to record additional details that parents have agreed to outside of court.

Parents typically use this template when: 

• They’re divorced or separating and want to make their custody schedule official
• They were never married and want to create a legally-binding agreement and avoid going to court
• Their circumstances change, and they need to alter an existing parenting plan (job schedules, relocation)
• Grandparents granting temporary custody to one or both parents
• You can still use this template for contested custody agreements. Just make sure a family law attorney reviews the agreement.

What’s Included in the Custody Agreement Template

This sample custody agreement includes everything you’d find in a basic enforceable custody agreement.

• The identification of parents and children included in the agreement
• Assignment of legal custody (joint or sole) and parenting authority
• Assignment of residential custody, where the child lives
• References to child support and attach the existing order from the court
• Weekend custody schedule for the parent who doesn’t have residential custody
• Access schedule for holidays and birthdays, divided into odd and even years
• Vacation time access and schedule
• Pick up and drop off guidelines
• Drivers who can transport the children
• What to do if something happens to the custodial parent

Customize every section. Edit the clauses to match your family’s needs. Then sign your child custody agreement. 

How to Write This Custody Agreement

While this template lets you write your own custody agreement, the strength of the final document lies in the details you add. Here’s how to decide on some of the biggest issues.

1. Decide on a custody framework 

Determine if one parent gets sole physical and legal custody or if you’re sharing custody of the kids. Joint physical custody doesn’t necessarily mean equal time with the child. Legal custody refers to who has the right to make major decisions about the child. If you grant joint legal custody, be clear about who decides what. Ambiguity around medical care, education, and religion will cause headaches down the road.

2. Agree to a practical schedule 

Child custody schedules are the biggest source of conflict. Consider work schedules, school years, and geography. Younger children often do well on a 2-2-3 rotation. This gives them access to both parents while ensuring frequent contact with each. Children who are older may prefer to spend one week with each parent. Whatever schedule you agree to, make sure it’s sustainable for both parents.

3. Don’t forget holidays

Stipulate which parent gets the kids on holidays by assigning them to odd and even years. Your child custody agreement template will probably have common holidays filled out for you. Make sure they match the ones your family celebrates. Also agree to specific times for pickup and drop-off on holidays, not just the day.

4. Set rules around transportation

Decide where exchanges will happen. If you both live close to the child’s school, it might be a good halfway point. If distance is a factor, consider splitting the drive or meeting in the middle. Make sure to specify who’s driving at each time. The template only allows licensed, insured adults to transport the minor children. Ensure kids are properly secured in a seat or booster restraint. You can leave those clauses as-is. 

5. Plan for the unexpected

Life changes. Parents get divorced again, fall into new relationships, switch jobs, or move away. Plan for modifications to the child custody agreement by requiring both parents to consent to changes in writing. If you already have a court order, include language that future changes need judicial review.

6. Review the agreement

Have both parents review the entire agreement before signing. If there’s a court order in place already, confirm that none of the language conflicts with the judge’s mandate. Parents can sign their child custody agreement online. Or sign the PDF document and print hard copies to sign.