A child custody agreement acts as a contract between divorced parents for splitting up and scheduling time with their child. Typically, judges will approve an agreement that has been previously agreed upon by both parents, as long as it’s in the child’s best interest. To that end, it’s a good idea to work with your divorce lawyer to draft a custody agreement, who will then collaborate with your co-parent’s counsel to negotiate terms. Here are some tips to keep in mind as you prepare an initial draft.

How to Draft a Child Custody Agreement

1. Define Legal and Physical Custody 

Legal custody refers to who makes decisions for the child, including school-related and medical choices. Physical custody refers to who cares for the child on a daily basis. In many cases, separating parents share both legal and physical custody of their children, but be sure to let your divorce lawyer know if you’d prefer different arrangements.

2. Outline Parenting Schedules 

Next, consider what your child’s weekly or monthly schedule should look like. If you and your former partner are living in the same town, it may be possible to share custody throughout the week so your child can attend school from both residences. If not, you may need to create a schedule where one parent gets time with their child on the weekends.

3. Divide Holidays & School Breaks

When planning your custody agreement, don’t forget to indicate who will spend time with the children for certain holidays. For important days, such as birthdays and major holidays, you might split days up or alternate holiday attendance each year. You’ll also want to indicate how the schedule might look different during holiday and summer breaks from school. 

4. Describe Pick-Ups and Drop-Offs

Your agreement should also describe how pick-ups and drop-offs will work. For instance, you might agree to pick up from the other parent’s house, as long as they also agree to pick up from yours, or vice versa. Keep in mind that these arrangements may vary based on each parent’s work schedule and their access to transportation. 

5. Indicate How Scheduling Changes Should Be Made 

There will be occasions when you or your child’s other parent may need to change the schedule. Explain to your divorce lawyer how you’d like changes to be made. For instance, you might prefer to communicate via text and ask that your former partner gives as much notice as possible when changes arise. 

No matter what your ideal custody situation looks like, Castles Family Law can help you through the process of drafting a custody agreement. Serving Nashville and Franklin, TN, this practice is experienced in divorce and child custody. Divorce lawyer Lauren Wilson Castles is dedicated to pursuing the best possible outcomes for all of her clients. See the firm’s full list of practice areas online or call (615) 804-6086 to schedule a consultation.