CHILD CUSTODY & VISITATION AGREEMENT

(State of Alabama – Family Court Jurisdiction)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Legal & Physical Custody
   3.2 Decision-Making Authority
   3.3 Parenting-Time Schedule
   3.4 Transportation & Exchange Protocols
   3.5 Communication & Information-Sharing
   3.6 Health, Education & Extracurricular Activities
   3.7 Relocation
   3.8 Child Support & Expense Allocation
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

This Child Custody & Visitation Agreement (“Agreement”) is entered into and made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [LEGAL NAME OF PARENT A], residing at [ADDRESS] (“Parent A”); and
• [LEGAL NAME OF PARENT B], residing at [ADDRESS] (“Parent B”)

(collectively, the “Parties” and each individually a “Party”).

WHEREAS, the Parties are the lawful parents of the minor child(ren) listed below (each, a “Child,” and collectively, the “Children”); and

WHEREAS, the Parties desire to establish a comprehensive custodial framework that furthers the best interests of the Children in accordance with Ala. Code §§ 30-3-150 et seq. and the Alabama Parent-Child Relationship Protection Act, Ala. Code §§ 30-3-160 et seq.;

NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows:

[List each Child’s full legal name and date of birth.]

2. DEFINITIONS

For ease of reference, the following capitalized terms have the meanings set forth below:

“Alabama Court” means any court of competent jurisdiction within the State of Alabama having authority over family-law matters, including modification and contempt proceedings.

“Best Interest Factors” means the statutory considerations delineated in Ala. Code § 30-3-152, including but not limited to (a) the agreement or lack thereof of the parents, (b) the past and present ability of each parent to cooperate in making decisions, (c) the geographic proximity of parental residences, (d) the safety and welfare of the Children, and (e) any history of domestic violence or substance abuse.

“Holiday Schedule” means the allocation of major holidays and school breaks as set forth in Section 3.3(c).

“Legal Custody” means the right and responsibility to make major decisions concerning the Children’s welfare, education, health care, and religious upbringing.

“Parenting Time” (or “Visitation”) means periods during which a Child is in the physical care of a parent who is not designated as Primary Residential Parent.

“Primary Residential Parent” (“PRP”) means the parent with whom the Child(ren) reside(s) a majority of the time for school enrollment purposes.

“Relocation” has the meaning provided in Ala. Code § 30-3-163 (i.e., a residence change of 60 miles or more, or across state lines), subject to statutory notice and objection procedures.

“Secondary Residential Parent” (“SRP”) means the parent who is not the PRP.

[// GUIDANCE: Add or delete defined terms to suit client needs; ensure every defined term is capitalized consistently throughout.]

3. OPERATIVE PROVISIONS

3.1 Legal & Physical Custody

(a) Joint Legal Custody. The Parties shall share joint Legal Custody of the Children in accordance with Ala. Code § 30-3-152, subject to the tiebreaking mechanism in subsection (b).

(b) Decision Deadlock. If, after good-faith consultation, the Parties cannot agree on a major decision, Parent [A/B] shall have final decision-making authority solely for that instance, provided that parent consults with a neutral professional when the disagreement concerns medical or educational issues.

(c) Physical Custody. The PRP shall be [Parent A/Parent B]. Selection of the PRP is for school-enrollment purposes only and does not otherwise diminish the SRP’s rights hereunder.

3.2 Decision-Making Authority

Except as modified herein, day-to-day decisions are vested in the parent then exercising Parenting Time. Each parent must keep the other reasonably informed of material developments within 24 hours.

3.3 Parenting-Time Schedule

(a) Regular Week-to-Week Schedule
• SRP shall have Parenting Time every [e.g., other] weekend from [DAY/TIME] to [DAY/TIME]; and
• One mid-week overnight from [DAY/TIME] to [DAY/TIME].

(b) Extended Summer Schedule
Beginning the first full week after the conclusion of the school year, the SRP shall exercise continuous Parenting Time for [NUMBER] consecutive weeks, subject to a minimum of two weekend periods with the PRP.

(c) Holiday Schedule
1. Thanksgiving: Alternate annually, beginning [YEAR] with [PARENT].
2. Winter Break: Split from school dismissal to noon December 26 (Parent A) and noon December 26 to 6 p.m. January 1 (Parent B); rotate annually.
3. Spring Break: Alternate annually.
4. Children’s Birthdays: The parent who does not have the Child on the actual day may celebrate on the adjacent day from [TIME] to [TIME].
5. Mother’s Day/Father’s Day: With the corresponding parent regardless of schedule.

(d) Make-Up Time. Missed Parenting Time shall be rescheduled within 30 days, unless waived in writing by the non-defaulting parent.

[// GUIDANCE: Substitute your circuit court’s standard visitation timetable if preferred.]

3.4 Transportation & Exchange Protocols

1. Exchange Location: [NEUTRAL PUBLIC LOCATION / SCHOOL / RESIDENCE].
2. Transportation Responsibility: The initiating parent shall provide all transportation for exchanges; parties may agree otherwise in writing.
3. Punctuality: A 15-minute grace period applies. Chronic lateness (three or more instances in a rolling 90-day period) constitutes a default under Section 6.1(f).

3.5 Communication & Information-Sharing

1. Co-Parenting Apps: The Parties shall use [NAME OF APP] for calendar coordination and non-emergency communications.
2. Telephone/Video Access: Each parent is entitled to one call of up to 15 minutes per Child per Parenting-Time day, scheduled between [TIME RANGE].
3. Records Access: Both parents shall have equal access to school, medical, dental, psychological, and extracurricular records.

3.6 Health, Education & Extracurricular Activities

1. Health Insurance: Parent [A/B] shall maintain primary medical insurance and provide proof annually.
2. Uninsured Expenses: The Parties shall share pro rata based on gross incomes (PRP ___ %; SRP ___ %). Reimbursement due within 30 days of documented request.
3. Extracurricular Consent: Enrollment in any activity requiring a financial commitment over $[AMOUNT] or transportation exceeding [MILES] miles requires written mutual consent.

3.7 Relocation

(a) Statutory Compliance. A Party seeking Relocation must strictly comply with the notice, objection, and hearing requirements of Ala. Code §§ 30-3-160 to -169, including service of a written notice at least 45 days prior to the proposed move (or within 10 days of learning thereof if less).

(b) Failure to Comply. Any Relocation in violation of subsection (a) shall constitute a material breach and grounds for immediate injunctive relief under Section 8.4.

3.8 Child Support & Expense Allocation

The Parties acknowledge that child support shall be calculated pursuant to Rule 32, Ala. R. Jud. Admin., and incorporated in a separate child-support order. Nothing herein waives or limits the Children’s right to adequate support.

4. REPRESENTATIONS & WARRANTIES

Each Party represents and warrants to the other that:
(a) Capacity. He or she is a biological or legally adoptive parent of the Children and is not subject to any incapacity or impairment.
(b) No Conflicting Orders. No outstanding court orders conflict with this Agreement.
(c) Truthfulness. All financial and personal disclosures made in connection with this Agreement are complete and accurate to the best of such Party’s knowledge.
(d) Best Interests. Each Party believes that this Agreement serves the Children’s best interests.

The representations and warranties in this Section survive the execution hereof and continue until the Children reach the age of majority.

5. COVENANTS & RESTRICTIONS

5.1 Non-Disparagement. Neither parent shall disparage the other in the presence or hearing of the Children or on social media.

5.2 Substance Use. No parent shall consume alcohol to impairment, nor use illicit substances, during or within [8] hours prior to exercising Parenting Time.

5.3 Firearms. Firearms kept in any residence or vehicle during Parenting Time must be stored unloaded and locked, with ammunition stored separately.

5.4 Notice of Material Events. Each parent shall notify the other, within 24 hours, of any accident, injury, medical emergency, or significant school disciplinary action involving a Child.

5.5 Confidentiality. The Parties shall maintain the confidentiality of this Agreement, except as necessary for legal enforcement or as required by child-welfare authorities.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute an “Event of Default”:
(a) Failure to deliver a Child for scheduled Parenting Time without good cause;
(b) Interference with the other parent’s decision-making rights;
(c) Relocation without statutory notice;
(d) Repeated substance abuse in violation of Section 5.2;
(e) Any act of domestic violence or abuse toward a Child;
(f) Three incidents of chronic lateness under Section 3.4 in any 90-day period.

6.2 Notice & Cure. The non-defaulting Party shall give written notice describing the alleged default. The defaulting Party has 10 days to cure (or immediately in the case of subsection 6.1(e)).

6.3 Remedies. Upon uncured default, the non-defaulting Party may pursue one or more of the following:
1. Make-up Parenting Time equivalent to missed time plus 25 %;
2. Mediation as set forth in Section 8.2;
3. Court enforcement, including contempt, modification, attorneys’ fees, and costs;
4. Immediate injunctive relief for safety-related breaches.

7. RISK ALLOCATION

7.1 Indemnification – Child Welfare Priority. Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (the “Indemnified Party”) from any losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to the Indemnifying Party’s breach of Sections 5.2 (Substance Use), 5.3 (Firearms), or 6.1(e) (Domestic Violence).

[// GUIDANCE: Indemnification in custody matters is unusual; include only if client specifically requests risk-shifting for egregious conduct.]

7.2 Limitation of Liability. Not applicable; the Parties acknowledge that issues affecting the best interests of the Children cannot be contractually capped.

7.3 Force Majeure. Temporary inability to comply due to natural disaster, serious illness, or other event beyond reasonable control suspends the affected obligations, provided prompt notice is given and make-up time scheduled.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement is governed by the laws of the State of Alabama, without regard to conflict-of-laws principles.

8.2 Mediation. Except for emergencies covered by Section 8.4, any dispute shall first be submitted to mediation with a mediator mutually selected from the Alabama Center for Dispute Resolution roster. Costs split equally.

8.3 Family-Court Jurisdiction. If mediation fails, the dispute shall be filed exclusively in the [NAME OF COUNTY] Circuit Court – Domestic Relations Division. The Parties knowingly waive any demand for jury trial consistent with Alabama family-court practice.

8.4 Injunctive Relief. Nothing herein impairs either Party’s right to seek immediate temporary or permanent injunctive relief concerning custody or safety of the Children.

8.5 Arbitration. The Parties acknowledge that binding arbitration of child-custody matters is of limited enforceability under Alabama law; therefore, any arbitration provision shall be advisory only unless expressly ordered by the court.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment is effective unless in writing, signed by both Parties, and approved by the Alabama Court. No waiver of any breach constitutes a continuing waiver.

9.2 Assignment. No Party may assign or delegate rights or obligations under this Agreement.

9.3 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the Alabama Court may reform the invalid provision to reflect the Parties’ original intent.

9.4 Entire Agreement. This Agreement constitutes the entire understanding of the Parties regarding custody and supersedes all prior written or oral agreements, except any contemporaneous child-support order.

9.5 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted electronically or by facsimile are binding.

9.6 Notices. All notices shall be in writing and delivered via (i) certified mail, return receipt requested, (ii) overnight courier, or (iii) email with read receipt, to the addresses set forth above or such other address as a Party designates in writing.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

[PARENT A NAME] – Parent A

Date: _________

[PARENT B NAME] – Parent B

Date: _________

STATE OF ALABAMA )
COUNTY OF _ )

On this ___ day of _, 20_, before me, the undersigned Notary Public, personally appeared ________, known to me or satisfactorily proven to be the individual(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public

My Commission Expires: ____

[// GUIDANCE:
1. File this Agreement with the appropriate Alabama family court and request its incorporation into a final judgment or modification order to ensure enforceability.
2. Verify local rule requirements (e.g., mandatory parenting class certificates) before submission.
3. Review annually and upon any material life change to confirm continued alignment with the Children’s best interests.]