CHILD CUSTODY AND PARENTING PLAN AGREEMENT
(California Family Code §§ 3011, 3020 et seq.)
[// GUIDANCE: This template is drafted for use in California. Practitioners should review all bracketed text, add county‐specific local rules where applicable, and confirm that no domestic‐violence findings prohibit joint custody before filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title and Parties
This Child Custody and Parenting Plan Agreement (“Agreement”) is entered into by and between [PARENT A NAME] (“Parent A”) and [PARENT B NAME] (“Parent B,” and together with Parent A, the “Parents”) concerning the custody and parenting of the minor child(ren) listed below.
1.2 Identification of Minor Child(ren)
• Name: [CHILD 1 NAME]; DOB: [MM/DD/YYYY]
• Name: [CHILD 2 NAME]; DOB: [MM/DD/YYYY]
(Each individually, a “Child,” and collectively, the “Children.”)
1.3 Effective Date; Court Jurisdiction
This Agreement is effective as of [EFFECTIVE DATE] and shall be filed for incorporation into a stipulated judgment of the Superior Court of California, County of [COUNTY] – Family Division (“Court”). The Court retains continuing, exclusive jurisdiction to modify or enforce this Agreement consistent with California Family Code and public policy.
1.4 Recitals
A. Parents were formerly in a [marital/domestic partnership/other] relationship and have separated.
B. Parents desire to establish a comprehensive parenting plan that serves the Children’s best interests under Cal. Fam. Code §§ 3011 & 3020.
C. Parents agree that the welfare of the Children is paramount and that frequent, continuing contact with both Parents is in the Children’s best interests except as otherwise provided herein.
2. DEFINITIONS
[// GUIDANCE: Definitions appear alphabetically for ease of reference.]
2.1 “Agreement” has the meaning set forth in Section 1.
2.2 “Best Interests Factors” means the considerations enumerated in Cal. Fam. Code § 3011, including but not limited to the health, safety, and welfare of the Children.
2.3 “Court” has the meaning set forth in Section 1.3.
2.4 “Holiday Schedule” means the allocation of custodial time for federal, state, and religious holidays as detailed in Section 3.4.
2.5 “Joint Legal Custody” means the Parents share the right and responsibility to make decisions relating to the health, education, and welfare of the Children.
2.6 “Joint Physical Custody” means the Children shall have frequent and continuing contact with both Parents as specified in Section 3.2.
2.7 “Parenting Time” means the period during which a Parent has physical care of the Children.
2.8 “Primary Residence” means the address of [PARENT WITH PRIMARY PHYSICAL CUSTODY], designated for school enrollment and mailing purposes unless modified pursuant to Section 3.7.
2.9 “Relocation” means a change of residence by either Parent that would move the Children more than [X] miles from their current residence or outside the State of California, as governed by Section 3.7.
3. OPERATIVE PROVISIONS
3.1 Custody
a. Legal Custody: The Parents shall share Joint Legal Custody.
b. Physical Custody: The Parents shall share Joint Physical Custody pursuant to the Parenting Time schedule set forth below.
[// GUIDANCE: If joint legal custody is inappropriate due to domestic violence or other findings, replace with “sole legal custody” and insert required Family Code findings.]
3.2 Parenting Time Schedule
Weekday Schedule:
• [PARENT A] shall have Parenting Time from [DAY/TIME] to [DAY/TIME].
• [PARENT B] shall have Parenting Time from [DAY/TIME] to [DAY/TIME].
Weekend Schedule:
• Week 1: [PARENT A] from [DAY/TIME] Friday to [DAY/TIME] Sunday.
• Week 2: [PARENT B] on the same schedule, alternating thereafter.
Exchange Location: [SPECIFY LOCATION/PROCEDURE].
Transportation Responsibility: [SPECIFY WHICH PARENT] shall transport the Children at the start of each period; the other Parent shall transport at the end.
3.3 Vacation Periods
Each Parent shall be entitled to [X] consecutive weeks of vacation Parenting Time per calendar year with at least [30] days’ written notice to the other Parent. Vacation time supersedes the regular weekly schedule unless it conflicts with Section 3.4 (Holiday Schedule).
3.4 Holiday Schedule
[Insert detailed table allocating Thanksgiving, Winter Break, Spring Break, Mother’s/Father’s Day, birthdays, etc. Alternate annually unless otherwise indicated.]
3.5 Decision-Making Protocol
a. Major Decisions: The Parents shall confer in good faith before making major decisions regarding the Children’s education, non-emergency medical care, psychological counseling, religious upbringing, and extracurricular activities.
b. Emergency Medical Care: The Parent with physical possession may authorize emergency treatment. The other Parent shall be notified at the earliest reasonable opportunity.
3.6 Right of First Refusal
If a Parent is unable to care for the Children for a continuous period exceeding [X] hours during his or her scheduled Parenting Time, that Parent shall first offer the time to the other Parent before engaging alternate childcare.
3.7 Relocation
a. Notice Requirement: A Parent intending Relocation shall provide at least [45] days’ advance written notice stating the proposed relocation date, address, and reason.
b. Negotiation & Mediation: Within [15] days of notice, the Parents shall confer and, if unresolved, attend mediation.
c. Court Determination: If no agreement is reached, either Parent may file a Request for Order. Until the Court issues a modification, this Agreement remains in effect.
d. Temporary Orders: The Court shall consider the Best Interests Factors when issuing temporary or permanent Relocation orders.
3.8 Communications
Parents shall maintain respectful communication and shall not disparage the other in the presence of the Children. Child-appropriate communication devices shall be made available during the other Parent’s Parenting Time.
3.9 Confidentiality & Records
Each Parent shall have full and equal access to school, medical, and other pertinent records as mandated by Cal. Fam. Code § 3025.
3.10 California Best Interests Standard
The Parents acknowledge that all custodial and visitation provisions are subject to modification by the Court based upon the Children’s best interests under Cal. Fam. Code §§ 3011 & 3020, and any provision inconsistent with statutory requirements is unenforceable.
4. REPRESENTATIONS & WARRANTIES
4.1 Authority and Capacity
Each Parent represents that he or she has full legal capacity to enter into this Agreement and that no other person or entity has superior custodial rights.
4.2 No Pending Proceedings
Except as disclosed in Schedule 1 attached hereto, no criminal, CPS, or restraining-order proceedings are currently pending against either Parent that would affect custodial suitability.
4.3 Full Disclosure
Each Parent has disclosed all material information regarding the Children’s health, education, and welfare.
4.4 Survival
The representations and warranties in this Article 4 survive execution and continue for the duration of the Children’s minority.
5. COVENANTS & RESTRICTIONS
5.1 Substance-Use Covenant
Neither Parent shall consume alcohol to impairment or use illegal substances during or within [12] hours prior to Parenting Time.
5.2 Firearms & Weapons
All firearms shall be stored unloaded in a locked safe with ammunition stored separately, consistent with Cal. Penal Code § 25100.
5.3 Non-Disparagement
Each Parent shall refrain from negative remarks about the other Parent or extended family in the Children’s presence.
5.4 Caregiver Restrictions
No overnight third-party caregiver under the age of [18] or individual with a disqualifying criminal conviction shall supervise the Children.
5.5 Compliance with Orders
Parents shall comply with any counseling, therapy, or parenting class orders issued by the Court.
6. DEFAULT & REMEDIES
6.1 Events of Default
a. Denial of court-ordered Parenting Time without good cause;
b. Relocation without compliance with Section 3.7;
c. Material breach of any covenant in Article 5;
d. Contempt of Court findings.
6.2 Notice & Cure
The non-defaulting Parent shall provide written notice specifying the default. The defaulting Parent shall have [10] days to cure, unless the default threatens immediate harm to the Children.
6.3 Remedies
a. Make-up Parenting Time equal to missed time within [30] days;
b. Reallocation of attorney’s fees and costs pursuant to Cal. Fam. Code § 271;
c. Modified custody orders as the Court deems appropriate;
d. Any other relief available at law or equity.
6.4 Attorneys’ Fees
The prevailing Parent in any enforcement proceeding shall be entitled to reasonable attorneys’ fees and costs.
7. RISK ALLOCATION
7.1 Child-Welfare Priority & Indemnification
Each Parent agrees to indemnify and hold harmless the other from any loss, liability, or expense (including attorneys’ fees) incurred as a result of the indemnifying Parent’s breach of any provision that compromises the health, safety, or welfare of the Children.
7.2 Insurance
a. Health Insurance: [SPECIFY PARENT] shall maintain comprehensive health, dental, and vision insurance for the Children.
b. Automobile Insurance: Each Parent shall maintain state-required auto insurance on any vehicle used to transport the Children.
7.3 Force Majeure
Parenting Time obligations may be temporarily suspended for acts of God, natural disasters, or governmental orders that make compliance impossible; Parents shall cooperate to reschedule missed time.
8. DISPUTE RESOLUTION
8.1 Good-Faith Negotiation
Parents shall first attempt to resolve disputes through direct conversation or written communication.
8.2 Family-Court Services Mediation
If negotiation fails, Parents shall participate in confidential mediation with the Court’s Family-Court Services or a mutually agreed private mediator.
8.3 Arbitration (Limited Availability)
Matters not affecting custody determinations—e.g., allocation of extracurricular costs—may, by mutual written consent, be submitted to binding arbitration under the California Arbitration Act (Cal. Code Civ. Proc. § 1280 et seq.). Issues impacting the Children’s best interests shall remain within exclusive Court jurisdiction.
8.4 Forum Selection & Governing Law
Any proceeding to interpret or enforce this Agreement shall be filed exclusively in the Superior Court of California, County of [COUNTY], and governed by California law.
8.5 Injunctive Relief
Nothing in this Article limits either Parent’s right to seek immediate injunctive or emergency relief concerning custody or visitation under Cal. Fam. Code § 3064.
[// GUIDANCE: Jury trials are not available in California family-law custody matters; no jury-waiver clause is required.]
9. GENERAL PROVISIONS
9.1 Amendment & Modification
This Agreement may be modified only by a subsequent written agreement signed by both Parents and approved by the Court.
9.2 Assignment
Custodial rights and responsibilities are personal and may not be assigned or delegated without prior Court approval.
9.3 Severability
If any provision is held unenforceable, the remaining provisions shall remain in full force, and a valid and enforceable term shall be substituted that most closely reflects the original intent.
9.4 Integration
This Agreement constitutes the entire understanding between the Parents regarding custody and supersedes all prior oral or written agreements on this subject.
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 shall be deemed original signatures for all purposes.
9.6 Successors & Assigns
This Agreement binds and inures to the benefit of the Parents and their respective heirs and legal representatives.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parents have executed this Agreement as of the Effective Date.
| Parent A | Parent B |
|---|---|
| _______ | _______ |
| [PARENT A NAME] | [PARENT B NAME] |
| Date: _______ | Date: _______ |
ACKNOWLEDGMENT
State of California )
County of ____ )
On ____ before me, _______, a Notary Public, personally appeared [PARENT A NAME] and [PARENT B NAME], who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities.
WITNESS my hand and official seal.
Notary Public
[Seal]
[// GUIDANCE: File this executed Agreement with the Court, together with a Request for Order (FL-300) or a Stipulation and Order for Custody and/or Visitation of Children (FL-355), as appropriate.]