Child custody can be the toughest aspect of separation. To make sure the best interests of children are addressed and that your rights as a parent are upheld, you need to know as much as possible about custody arrangements. You can start by learning about legal terms if you’re negotiating a visitation agreement with a lawyer’s assistance. A family lawyer can draft help to ensure that you don’t accidentally omit any essential information for a judge to review and approve.

1. Essential Components of a
Child Custody Agreement
HHS LAWYERS AND LEGAL CONSULTANTS

2. Child custody can be the toughest aspect of separation. To make sure the best
interests of children are addressed and that your rights as a parent are
upheld, you need to know as much as possible about custody arrangements.
You can start by learning about legal terms if you’re negotiating a visitation
agreement with a lawyer’s assistance. A family lawyer can draft help to
ensure that you don’t accidentally omit any essential information for a judge
to review and approve.
There is a lot of flexibility in what can be included in a child custody
agreement, but there are some important details that must be included in
the contract, which are as follows:

3. Provisions regarding legal custody of the children
• There are several types of custody arrangements such as single
custody gives one parent both legal and physical custody of a
child. When both the parents share physical and/or legal custody of
the child is known as joint custody. Split custody is when the custody of
multiple children is split between the parents. All custody agreements
will describe who has custody of the children and what type of custody
will be given to both the parents.

4. Provisions regarding legal custody of the children
• There are several types of custody arrangements such as single
custody gives one parent both legal and physical custody of a
child. When both the parents share physical and/or legal
custody of the child is known as joint custody. Split custody is
when the custody of multiple children is split between the
parents. All custody agreements will describe who has custody
of the children and what type of custody will be given to both
the parents.

5. Visitation schedule
• A visitation schedule outlines when a child spends time with both parents.
The agreement outlines the visitation rights of either parent where the child is
every day of the year–including holidays. A complete schedule will have the
following:
• A weekday schedule: This is the basic schedule that has to be followed
through the year that shows when the child is with each parent.
• A holiday schedule: This shows where the child will spend time during
holidays, school breaks, and other special occasions.
• Vacation time: This is an alternate schedule for school breaks and vacations.
• Special events: If there are any special or one-time events where the normal
schedule changes.

6. Responsibility for decisions Regarding Children’s
care and Upbringing
• A child’s upbringing involves a series of decisions, some more
significant than others. A child custody agreement should address
whether and to what extent the non-custodial parent will be involved
in making major decisions for your children. It would describe each
parent’s role in decisions regarding education, religion and healthcare.
Also consider how to address disciplinary rules and consistently
applied by both parents.

7. Children’s expenses and making decisions related
to significant expenses
• You need to consider issues of insurance, medical care, childcare and
education. For example, which of the parent’s health insurance will
carry the children? If one parent wants the child to attend private
school, who will be responsible for paying the cost of tuition? You
should also consider which parent is entitled to claim the child as a
dependent for tax purposes.

8. Duration of an agreement:
• Some child custody agreements contain the duration of the custodial
rights to take into account the changing circumstances of the parents and
the children. This is also a useful way to monitor the effectiveness of the
agreement.
Relocation provision of custodial parents
• We live in a mobile society, and it’s not uncommon for people to move
across town or across the country for personal and professional reasons.
Custody agrees should also contain provisions in the event of relocation.

9. How Parents communicate with one another
Considering the provision regarding co-parent communications regarding
custody details, and in emergency situations. For example, how do you
contact your former spouse if you want to change the weekly scheduled
visitation? How much notice is required to request changes? How do you
communicate with your spouse if there’s an emergency? How to one parent
notify the other parent in the event of an emergency?

10. How will disputes be resolved or what happens if a
parent wants to change the custody agreement?
• A custody agreement should be realistic. Disagreements can and will
arise. A parent’s personal and professional situation may change. A
custody agreement acknowledges that disputes occur and serious life
changes may affect the custody agreement. Your agreement should
explain how disputes will be resolved and how proposed changes will
be handled.
• If you would like to formalize your agreement and make sure it
contains the necessary provisions to be valid, you can contact HHS
lawyers who can assist in the drafting of the custody agreement.