Child Custody Agreement

PROPOSED CHILD CUSTODY AND PARENTING AGREEMENT

IN THE [________________________________] COURT OF [________________________________] COUNTY, ALABAMA

Case No.: [________________________________]

IMPORTANT USE GATES

1. This Agreement is a proposed stipulation for court review. It does not establish, replace, or modify custody, parenting time, child support, or another court order unless and until the court approves it and incorporates it into an order.
2. If a prior custody order exists, Alabama counsel must determine the governing modification standard, continuing jurisdiction, proper venue, and required motion or petition. The parents' agreement alone does not change the prior order.
3. If another state has entered a custody determination, counsel must complete the UCCJEA review before filing in Alabama. See Ala. Code §§ 30-3B-201 to 30-3B-204.
4. Any history or risk of domestic or family violence, child abuse, stalking, harassment, kidnapping, coercive control, or unsafe disclosure requires an individualized safety review before joint custody, mediation, direct exchanges, address disclosure, or unrestricted contact is proposed.
5. Child support requires a separate Rule 32 calculation, the current required forms, and court review. Do not use this Agreement to waive a child's support.

1. PARENTS, CHILDREN, AND EXISTING ORDERS

This Proposed Child Custody and Parenting Agreement ("Agreement") is made on [__/__/____] by:

Parent A: [________________________________]

Address for service: [________________________________]

Parent B: [________________________________]

Address for service: [________________________________]

1.1 Minor Child(ren)

1.2 Parentage and Other Parties

☐ Parentage of each child has been legally established.

☐ The following parentage issue remains for court determination: [________________________________]

☐ No other person claims custody, visitation, guardianship, or a right to act as a parent.

☐ The following other person or proceeding may affect custody or visitation: [________________________________]

1.3 Existing Proceedings and Orders

☐ This is an initial custody determination.

☐ A prior Alabama custody or visitation order exists:

• Court: [________________________________]
• County: [________________________________]
• Case number: [________________________________]
• Order date: [__/__/____]

☐ A custody, protection, juvenile, dependency, adoption, guardianship, child-support, or parentage matter is pending in this or another state:

[________________________________]

1.4 UCCJEA Jurisdiction Facts

The child(ren) have lived during the five years immediately before filing as follows:

The parties request that Alabama counsel determine jurisdiction under Ala. Code §§ 30-3B-201 to 30-3B-204. Physical presence alone is not sufficient for an initial custody determination under § 30-3B-201.

2. REQUESTED CUSTODY DESIGNATION

Alabama law distinguishes joint legal custody, joint physical custody, sole legal custody, and sole physical custody. Joint physical custody does not necessarily mean equal time. See Ala. Code §§ 30-3-150 and 30-3-151.

2.1 Legal Custody

☐ Joint legal custody. Both parents will have equal rights and responsibilities for major decisions, subject to the allocation in Section 5.

☐ Sole legal custody to Parent A.

☐ Sole legal custody to Parent B.

☐ Other requested allocation for court review: [________________________________]

2.2 Physical Custody

☐ Joint physical custody. Time will be shared so the child(ren) have frequent and substantial contact with each parent under Section 4.

☐ Sole physical custody to Parent A, with Parent B receiving parenting time as ordered.

☐ Sole physical custody to Parent B, with Parent A receiving parenting time as ordered.

☐ Other requested allocation for court review: [________________________________]

2.3 Joint-Custody Factors

If joint custody is requested, the parents ask the court to consider the factors in Ala. Code § 30-3-152(a), including:

☐ The parents agree on the proposed joint-custody arrangement.

☐ The parents can cooperate and make decisions jointly, subject to the procedures below.

☐ Each parent can encourage the child's love, affection, and contact with the other parent.

☐ Any history or potential for child abuse, spouse abuse, or kidnapping has been fully disclosed to the court.

☐ The parents' geographic proximity makes the proposed arrangement practical.

If both parents request joint custody, § 30-3-152(c) creates a presumption in favor of joint custody, but the court still determines the child's best interest and may make specific findings denying joint custody.

3. CHILD-SPECIFIC NEEDS AND SAFETY SCREEN

3.1 Child-Specific Needs

Medical conditions, allergies, medications, or treatment plans:

[________________________________]

Educational, developmental, disability, counseling, cultural, or religious needs:

[________________________________]

Other information material to the child's welfare:

[________________________________]

3.2 Domestic or Family Violence and Abuse

Under Ala. Code § 30-3-131, a court determination that domestic or family violence occurred raises a rebuttable presumption that placing the child in sole custody, joint legal custody, or joint physical custody with the perpetrator is detrimental to the child and not in the child's best interest. Sections 30-3-132 and 30-3-133 require additional safety considerations.

☐ No party reports facts requiring a domestic-violence or abuse safety plan.

☐ A protection order, criminal order, safety plan, or other restriction exists: [________________________________]

☐ The following facts require confidential filing, supervised contact, protected exchanges, or another court-directed safeguard: [________________________________]

Requested safeguards, if applicable:

☐ No direct parent-to-parent contact; use [________________________________].

☐ Exchanges supervised by or conducted at [________________________________].

☐ Parenting time supervised by [________________________________].

☐ Residential, school, or contact information protected from disclosure.

☐ Other requested safeguard: [________________________________]

4. PARENTING-TIME SCHEDULE

4.1 Regular School-Year Schedule

☐ Week-on / week-off: Exchanges occur on [________________________________] at [________________________________].

☐ Alternating weekends plus weekday time:

• Parent [____] has alternating weekends from [________________________________] to [________________________________].
• Parent [____] has weekday parenting time on [________________________________] from [________________________________] to [________________________________].

☐ Custom schedule:

4.2 Summer and Vacation Schedule

☐ The regular schedule continues during summer.

☐ The summer schedule is:

• Parent A: [________________________________]
• Parent B: [________________________________]

Each parent may take [____] days / weeks of vacation with [____] days' advance notice, subject to the relocation, travel, and safety terms of the court's order.

4.3 Holidays and Special Days

Holiday terms override the regular schedule only for the period stated below.

4.4 Exchanges and Transportation

Ordinary exchange place: [________________________________]

Parent responsible for transportation: [________________________________]

Authorized third-party transporter, if any: [________________________________]

Delay-notice procedure: [________________________________]

Items accompanying the child: medications, school materials, safety equipment, and [________________________________].

4.5 Missed Time

The parents may agree in writing to reasonable substitute time. No automatic penalty, percentage enhancement, custody change, or contempt finding arises from this clause. If the parents cannot agree, either may request relief the court is authorized to grant.

4.6 Parent-Child Communication

During the other parent's time, each parent will permit reasonable communication at the following times and by the following method, unless restricted by a safety order:

[________________________________]

5. DECISION-MAKING PLAN

For joint custody, Ala. Code § 30-3-153 requires provisions addressing care, education, medical and dental care, holidays and vacations, child support, other matters affecting physical or emotional well-being, and primary authority if the parents cannot agree.

5.1 Consultation

Before a non-emergency major decision, the responsible parent will give the other parent the material information reasonably available and a meaningful opportunity to respond by [________________________________].

5.2 Emergency Decisions

The parent caring for the child may obtain emergency medical or safety assistance and will notify the other parent as soon as reasonably practicable, unless contact is prohibited or unsafe.

5.3 Day-to-Day Decisions

Each parent may make ordinary day-to-day decisions during that parent's time, consistent with the court's order and the child's health and safety needs.

6. RECORDS, INFORMATION, AND COMMUNICATION

Unless prohibited by statute or court order, Ala. Code § 30-3-154 makes records and information concerning the child equally available to both parents in all custody arrangements.

Each parent will:

1. Provide the other parent with current school, medical, dental, counseling, activity, and emergency-contact information to the extent disclosure is lawful and safe.
2. Promptly share material notices, report cards, treatment recommendations, activity schedules, and information concerning a serious illness, injury, emergency, or law-enforcement contact.
3. Keep the other parent informed of address and telephone changes subject to any confidentiality order.
4. Use [________________________________] for routine parent-to-parent communication.

No provision requires disclosure barred by a protection order, confidentiality law, privilege, or other court order.

7. RELOCATION AND ADDRESS CHANGES

The Alabama Parent-Child Relationship Protection Act governs qualifying changes of residence. Its requirements cannot be replaced by a shorter private notice or an automatic contractual remedy.

7.1 Definition and Applicability

Under Ala. Code § 30-3-161(11), "relocation" generally means a change in the child's principal residence for 45 days or more, excluding a temporary absence or an absence necessary to escape domestic violence.

The 60-mile rule in § 30-3-162(b) is not the definition of relocation. It generally limits application of §§ 30-3-169.1 to 30-3-169.7 to moves exceeding 60 miles, moves that do not bring the child closer to the non-relocating parent, or moves to another state. Other statutory notice duties may still apply.

7.2 Notice

When notice is required, Ala. Code § 30-3-165 generally requires notice by certified mail no later than 45 days before the intended move. If the required information could not reasonably have been known in time and the move cannot reasonably be delayed, the statutory fallback is notice no later than 10 days after the information becomes known.

The notice must include the information required by § 30-3-165(b), if available, including:

• the intended street and mailing addresses;
• telephone number;
• school information, if applicable;
• intended move date;
• specific reasons for the proposed move, if applicable;
• a proposed revised custody or visitation schedule; and
• the statutory warning concerning the 30-day objection period, unless the military exception applies.

7.3 Objection and Court Process

A person entitled to object generally must commence a court proceeding within 30 days after receiving the notice. See Ala. Code §§ 30-3-169 and 30-3-169.1. A private email, text, or objection letter is not a substitute for the required court proceeding.

7.4 Protected Information

When disclosure would unreasonably endanger a person or child, Ala. Code § 30-3-167 authorizes the court to protect identifying information, waive notice requirements to the extent necessary, and order other safeguards. Seek court direction rather than disclosing a protected address through this form.

8. CHILD SUPPORT AND CHILD-RELATED EXPENSES

8.1 Separate Rule 32 Submission

Child support will be addressed in a separate proposed order using current Rule 32 forms and financial information.

☐ Form CS-41 income affidavits will be submitted as required.

☐ Form CS-42 will be used.

☐ If the court's order provides each parent 50% or approximately 50% physical custody, Form CS-42-S and Rule 32(C)(7) will be evaluated.

☐ Form CS-43 or another current court-required compliance filing will be submitted.

Proposed monthly support: $[________________________________], payable by Parent [____], subject to court approval.

Rule 32 creates a rebuttable presumption that the guideline amount is correct. Any agreed deviation must be presented to the court with the required reasons and remains subject to court review.

8.2 Health-Care Coverage and Medical Support

Proposed coverage provider: Parent [____]

Policy / plan information: [________________________________]

Proposed allocation of uninsured or unreimbursed expenses:

• Parent A: [____] %
• Parent B: [____] %

The allocation and any cash medical support remain subject to Rule 32 and the court's order.

8.3 Childcare, Education, and Activities

9. PARENTING CONDUCT AND CHILD WELFARE TERMS

The parents request that the court consider the following child-focused terms:

1. Neither parent will use the child to carry hostile messages, question the child about litigation, or disparage the other parent in the child's presence.
2. Each parent will follow the child's prescribed medication and treatment plan and provide medication and instructions at exchanges.
3. Neither parent will be impaired by alcohol or illegal drugs while responsible for the child.
4. Firearms, ammunition, medications, controlled substances, and hazardous materials will be secured from child access.
5. Neither parent will interfere with the other parent's court-ordered contact except when reasonably necessary to address an immediate safety emergency, followed promptly by appropriate court review.
6. Additional child-specific term: [________________________________]

10. DISPUTE RESOLUTION AND EMERGENCIES

10.1 Ordinary Disputes

For a non-emergency disagreement, the parents will first exchange the relevant information and attempt a child-focused resolution.

☐ If safe and permitted by all existing orders, the parents will attempt mediation with [________________________________] before seeking non-emergency court relief.

☐ Mediation is not requested because: [________________________________]

No mediation requirement delays a request for emergency relief, protection from abuse, enforcement of an existing order, or relief when direct participation is unsafe or prohibited.

10.2 Court Relief

If the parents do not resolve a dispute, either may request relief from a court with jurisdiction. Only the court may make findings of contempt, modify custody, impose sanctions, award fees, restrain relocation, or grant other judicial remedies.

10.3 Venue for an Existing Final Decree

For modification, interpretation, or enforcement of an existing Alabama final decree, venue must be evaluated under Ala. Code § 30-3-5 and any other applicable law. The parents do not create venue or jurisdiction by agreement.

11. COURT APPROVAL, CHANGES, AND LEGAL EFFECT

1. Court approval required. This Agreement becomes operative as a custody arrangement only to the extent approved and incorporated into a court order.
2. Prior orders remain effective. Until a new order is entered, every existing custody, visitation, protection, and child-support order remains in force.
3. Future changes. A later written agreement between the parents does not modify a court order unless the court approves the change when approval is legally required.
4. No waiver of child-centered review. No recital, release, indemnity, liability limit, force-majeure clause, jury waiver, arbitration clause, or private default provision restricts the court's authority to protect the child or apply governing law.
5. Severability after incorporation. If the court declines or later invalidates one requested term, the remaining court-approved terms continue only to the extent provided by the court's order.
6. Independent review. Each parent has had the opportunity to consult independent Alabama counsel and understands that the court may accept, reject, or revise the proposed terms.

12. SIGNATURES

The parents request court approval of this Agreement and state that the information they supplied is true and complete to the best of their knowledge.

Parent A

Signature: [________________________________]

Printed name: [________________________________]

Date: [__/__/____]

Parent B

Signature: [________________________________]

Printed name: [________________________________]

Date: [__/__/____]

Counsel for Parent A, if any

Signature: [________________________________]

Name and Alabama Bar No.: [________________________________]

Date: [__/__/____]

Counsel for Parent B, if any

Signature: [________________________________]

Name and Alabama Bar No.: [________________________________]

Date: [__/__/____]

PROPOSED ORDER

The Court has reviewed the Proposed Child Custody and Parenting Agreement and the record before it.

☐ The Agreement is approved and incorporated into the Court's order, subject to the revisions stated below.

☐ The Agreement is not approved for the following reasons: [________________________________]

Court revisions or additional findings:

[________________________________]

IT IS ORDERED on [__/__/____].

Judge: [________________________________]

Court: [________________________________]

SOURCES AND REFERENCES

• Alabama Code § 30-3-130 — domestic or family abuse definitions
• Alabama Code §§ 30-3-131 to 30-3-133 — custody presumptions and safety factors after a domestic-violence finding
• Alabama Code §§ 30-3-150 to 30-3-157 — joint-custody framework
• Alabama Code §§ 30-3-160 to 30-3-169.10 — Parent-Child Relationship Protection Act
• Alabama Code §§ 30-3B-201 to 30-3B-204 — initial, continuing, modification, and emergency jurisdiction
• Alabama Code § 30-3-5 — venue for proceedings concerning an existing final decree
• Rule 32, Alabama Rules of Judicial Administration — current child-support guidelines and forms
• Alabama Act 2026-237 / SB 239 — amendment to § 30-3B-204 effective October 1, 2026