A child custody and visitation agreement is an agreement between two parents
illustrating possible ways to share custody of their children following a divorce or
separation. The agreement below describes a particular arrangement wherein one
parent (the â€œCustodianâ€) has the sole physical custody to the child and has joint legal
custody with the other parent (the â€œNon-Custodial Parentâ€). Physical Custody means
that a parent has the right to have a child live with him or her. Legal custody of a child
means having the right and the obligation to make decisions about a child's upbringing.
Further, one parent can have either sole legal custody or sole physical custody of a
child, or there can be a joint custody arrangement.
CHILD CUSTODY AND VISITATION AGREEMENT
This Agreement has been entered into between ___________________________ ("Custodian")
and ________________________________________ ("Non-Custodial Parent") hereinafter
referred to as â€œPartyâ€ individually or â€œPartiesâ€ collectively as of this _____ day of
Custodian and Non-Custodial Parent desire to establish an arrangement to share custody of their
child following their divorce. Parties hereby agree that Custodian shall have the sole physical
custody of ________________________________________ ("Child"), and both parents shall
have a joint legal custody of the child in relation to the major decisions concerning the Child.
Further, Non-Custodial Parent shall have visitation rights as described herein.
1. Custodian shall be the primary residential parent of the Child.
2. Non-Custodial Parent shall have the right to visit the Child once each week, on either of the
following days, between the following hours, respectively: (A) on ______________ [day of
the week] between _________________ [starting hour] and ______________ [ending
hour] or ______________ [alternate starting hour] and ______________ [alternate
ending hour]; or (B) on ______________ [day of the week] between _________________
[starting hour] and ______________ [ending hour] or ______________ [alternate
starting hour] and ______________ [alternate ending hour]. Further, the Parties agree to
the following â€œVisitation Scheduleâ€ attached hereto. [Comment: the user can choose any
timeframe the user wants].
3. Parties agree that the Non-Custodial Parent will notify the Custodian on or before
___________________________ [day of the week and time of day] whether the Non-
Custodial Parent intends to visit the Child and on which of the designated days and times.
Should any day or hour selected causes inconvenience, the Custodian will notify the Non-
Custodial Parent no later than ___________________________ [day of the week and time
of day], and the Non-Custodial Parent shall be permitted to visit the Child the alternate day
or during the alternate hours.
4. Both Parties agree, that the Non-Custodial Parent shall have the right to converse at least ___
[Three (3)] [Comment: this number is not provided for by law, but can be any number
the user chooses] times a week on the telephone with the Child without interference from
5. Parties agree that Parties shall alternate custody of the children on each of the children's
birthdays, parent's birthdays, New Year's Day, Fourth of July, Thanksgiving Day, and Easter
Sunday. Parties shall split custody of the children on Christmas Day. [Comment: optional]
6. The natural mother shall have custody of the children on Mother's Day and that the natural
father shall have custody of Father's Day. [Comment: optional]
7. Non-Custodial Parent shall have the right to receive full and complete information and copies
of reports from any physician, dentist, consultant or specialist attending to the children's
physical or mental needs for any reason whatsoever. The Custodian shall promptly inform
the Non-Custodial Parent in the event of illness of the Child. The word "illness" shall be
mean any illness, other than any illness from which the Child is now suffering, which shall
confine the Child to bed for more than two days.
8. On all matters of importance relating to the Chil