CHILD CUSTODY AND PARENTING AGREEMENT

(Connecticut – Conn. Gen. Stat. Title 46b)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1.1 Title. This Child Custody and Parenting Agreement (the “Agreement”) is entered into by and between [PARENT A FULL LEGAL NAME], residing at [ADDRESS] (“Parent A”), and [PARENT B FULL LEGAL NAME], residing at [ADDRESS] (“Parent B,” and together with Parent A, the “Parties”), concerning the minor child(ren) identified herein.

1.2 Effective Date. This Agreement shall become effective on [EFFECTIVE DATE] (the “Effective Date”), subject to approval by the Connecticut Superior Court, Family Division (the “Court”).

1.3 Jurisdiction & Governing Law. This Agreement is governed by, and shall be construed in accordance with, the laws of the State of Connecticut, including but not limited to Conn. Gen. Stat. §§ 46b-56, 46b-56a, and 46b-56d (2023). Exclusive jurisdiction and venue lie with the Court.

1.4 Recitals.
A. The Parties are the biological/legal parents of the minor child(ren) listed in Section 2.1.
B. The Parties desire to establish a comprehensive parenting plan that promotes the child(ren)’s best interests, consistent with Connecticut law.
C. The Parties enter into this Agreement in consideration of the mutual promises herein and intending that it be incorporated into a final judgment or order of the Court.

II. DEFINITIONS

For purposes of this Agreement, capitalized terms shall have the meanings set forth below. Terms defined in the singular include the plural and vice-versa.

“Agreement” has the meaning set forth in Section 1.

“Best Interests Standard” means the factors enumerated in Conn. Gen. Stat. § 46b-56(c) and any successor statute.

“Child(ren)” means the minor child(ren) of the Parties listed in Section 2.1.

“Holiday Parenting Time” has the meaning set forth in Section 3.3(b).

“Joint Legal Custody” means the shared right and responsibility to make major decisions regarding the Child(ren)’s health, education, and welfare.

“Parenting Time” means the period during which a parent has physical care of the Child(ren), whether pursuant to the Regular Schedule, Holiday Parenting Time, Vacation Parenting Time, or otherwise.

“Primary Residence” has the meaning set forth in Section 3.2(b).

“Relocation” means any proposed change of the Child(ren)’s Primary Residence that (i) is outside the State of Connecticut or (ii) exceeds [XX] miles from the current residence, whichever is greater.

“School Year” means the academic calendar of the Child(ren)’s school in effect at the time.

[// GUIDANCE: Insert or delete defined terms as necessary for the specific case.]

2.1 Identification of Child(ren).
| Child’s Full Legal Name | Date of Birth | Current Residence |
|-------------------------|--------------|-------------------|
| [NAME] | [DOB] | [ADDRESS] |
| [ADD ROWS AS NEEDED] |

III. OPERATIVE PROVISIONS

3.1 Custody.
(a) Legal Custody. The Parties shall share Joint Legal Custody consistent with the Best Interests Standard. Neither Party shall make unilateral major decisions (medical, educational, religious) absent written consent of the other Party except in emergencies as provided in Section 3.6(d).
(b) Physical Custody & Primary Residence. The Child(ren) shall have their Primary Residence with [PARENT A/PARENT B], subject to the Parenting Time schedules below.

3.2 Parenting Time.
(a) Regular Schedule.
(i) Weekdays: [DETAIL – e.g., Parent A Monday after school to Wednesday morning; Parent B Wednesday after school to Friday morning].
(ii) Weekends: [DETAIL – e.g., alternate weekends beginning Friday 6:00 p.m. to Sunday 6:00 p.m.].
(iii) Transportation: [Specify pick-up/drop-off location and responsibility].

(b) Holiday Parenting Time. The Parties shall alternate the following holidays in even/odd years unless otherwise agreed in writing:
1. New Year’s Day
2. Martin Luther King Jr. Day
3. Easter/Passover (as applicable)
4. Memorial Day
5. Independence Day
6. Labor Day
7. Thanksgiving
8. Christmas/Hanukkah (as applicable)

[// GUIDANCE: Attach Exhibit A with a detailed holiday calendar if preferred.]

(c) Vacation Parenting Time. Each Party shall be entitled to up to [NUMBER] consecutive weeks of vacation with the Child(ren) each calendar year, with at least [30] days’ advance written notice to the other Party.

(d) Right of First Refusal. If either Party requires child-care for a period exceeding [X] hours during his/her scheduled Parenting Time, the other Party shall be offered the opportunity to care for the Child(ren) before arranging third-party care.

3.3 Communication & Virtual Parenting Time. The Child(ren) may communicate with the non-custodial parent via telephone, text, or video call at reasonable times not to exceed [XX] minutes unless otherwise agreed.

3.4 Information Access. Consistent with Conn. Gen. Stat. § 46b-56(g), both Parties shall have equal access to the Child(ren)’s educational, medical, and extracurricular records.

3.5 Health Insurance & Unreimbursed Medical Expenses.
(a) Coverage. [PARENT A/PARENT B] shall maintain comprehensive health insurance for the Child(ren).
(b) Unreimbursed Expenses. The Parties shall share unreimbursed medical/dental/vision expenses [PERCENTAGE SPLIT], payable within [30] days of receipt of documentation.

3.6 Decision-Making Protocols.
(a) Education. The Parties shall jointly select schools and educational programs.
(b) Healthcare. Elective procedures require mutual consent; emergency care may be obtained unilaterally with prompt notice to the other Party within [24] hours.
(c) Extracurricular Activities. Enrollment in activities requiring attendance during the other Party’s Parenting Time requires written consent.
(d) Religious Upbringing. [SPECIFY OR “Each parent may expose the Child(ren) to his/her faith traditions during Parenting Time.”]

3.7 Child Support & Financial Matters. Child support, if any, shall be determined pursuant to the Connecticut Child Support Guidelines and incorporated into a separate order of the Court.

3.8 Tax Dependency Exemption. The Parties agree that [PARENT] shall claim the Child(ren) for federal and state income tax purposes in [EVEN/ODD] years, provided he/she is current in child support obligations as of December 31 of the relevant tax year.

IV. REPRESENTATIONS & WARRANTIES

4.1 Authority. Each Party represents that he or she is the legal parent/guardian of the Child(ren) and is not subject to any order or agreement that would conflict with this Agreement.

4.2 Disclosure. Each Party warrants that all information material to the Child(ren)’s welfare (including health, education, and safety concerns) has been fully disclosed.

4.3 No Impairment. Each Party represents that he or she is not impaired by substance abuse or mental health conditions that would materially affect parenting ability.

4.4 Survival. The representations and warranties in this Section IV shall survive execution and continue for so long as any child covered by this Agreement is a minor.

V. COVENANTS & RESTRICTIONS

5.1 Positive Conduct. Each Party shall foster a loving relationship between the Child(ren) and the other parent and shall refrain from disparaging the other parent in the presence or hearing of the Child(ren).

5.2 Substance Use. Neither Party shall consume alcohol to excess, use illegal drugs, or misuse prescription medication during Parenting Time or within [X] hours preceding Parenting Time.

5.3 Firearms & Weapons. Unless otherwise authorized by Court order, firearms must be unloaded and securely locked during Parenting Time.

5.4 Relocation.
(a) Notice. A Party proposing Relocation shall provide at least [60] days’ prior written notice specifying (i) the intended new residence, (ii) the reasons for Relocation, and (iii) a proposed revised parenting plan.
(b) Burden of Proof. The proposing Party bears the burden set forth in Conn. Gen. Stat. § 46b-56d(b) to demonstrate that Relocation is for a legitimate purpose, reasonable in light of that purpose, and in the Child(ren)’s best interests.
(c) Temporary Orders. Pending resolution, neither Party shall unilaterally relocate the Child(ren) absent written consent or court order.

5.5 Notices & Updates. Each Party shall notify the other within [72] hours of any change in address, telephone number, or emergency contact information.

VI. DEFAULT & REMEDIES

6.1 Events of Default. Any material violation of this Agreement, including but not limited to denial of Parenting Time, unauthorized Relocation, or failure to share decision-making, constitutes an “Event of Default.”

6.2 Notice & Cure. The non-defaulting Party shall give written notice describing the Event of Default. The defaulting Party shall have [10] days to cure, except where immediate harm to the Child(ren) is alleged.

6.3 Remedies.
(a) Mediation. Absent emergency, the Parties shall first attempt resolution through mediation with a mutually-selected mediator.
(b) Court Enforcement. If mediation fails or is waived due to urgency, either Party may petition the Court for appropriate relief, including but not limited to modification, compensatory Parenting Time, contempt findings, and attorney’s fees.

6.4 Attorney’s Fees & Costs. The Court may award reasonable attorney’s fees and costs to the prevailing Party pursuant to Conn. Gen. Stat. § 46b-62.

VII. RISK ALLOCATION

7.1 Indemnification – Child Welfare Priority. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party, the Child(ren), and their respective agents from and against any losses, damages, liabilities, or expenses arising out of the Indemnifying Party’s willful misconduct, negligence, or violation of this Agreement that compromises the Child(ren)’s welfare.

7.2 Limitation of Liability. No limitation of liability shall apply to either Party’s obligations where child safety is at issue.

7.3 Insurance. Each Party shall, if commercially available and affordable, maintain a homeowners or renters policy providing liability coverage of not less than [$100,000] per occurrence.

7.4 Force Majeure. Parenting Time obligations may be temporarily suspended for events beyond a Party’s reasonable control (e.g., severe weather, natural disaster), provided the affected Party (i) gives prompt notice and (ii) makes good-faith efforts to reschedule lost Parenting Time within [30] days.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. Connecticut law governs all disputes arising under or relating to this Agreement.

8.2 Forum Selection. The Parties irrevocably submit to the exclusive jurisdiction of the Connecticut Superior Court, Family Division, for all proceedings concerning custody, visitation, or enforcement.

8.3 Limited Arbitration. Subject to Conn. Gen. Stat. § 46b-53a, non-custodial financial disputes (e.g., allocation of extracurricular expenses) may be submitted to binding arbitration upon mutual written consent. Custody and visitation issues remain within the Court’s non-waivable jurisdiction.

8.4 Injunctive Relief. Nothing herein limits a Party’s right to seek immediate injunctive relief, including ex parte orders, where necessary to protect the Child(ren)’s best interests or to prevent unauthorized Relocation.

8.5 Jury Waiver. Jury trials are inapplicable in the Family Division; accordingly, no jury waiver is required.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver. No modification of this Agreement is valid unless in writing, signed by both Parties, and approved by the Court. No waiver of any provision constitutes a waiver of any other provision.

9.2 Assignment. Parenting rights and obligations are personal to each Party and may not be assigned.

9.3 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable.

9.4 Entire Agreement. This Agreement constitutes the entire understanding of the Parties concerning child custody and parenting issues and supersedes all prior agreements or understandings, whether written or oral.

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 (e.g., PDF, DocuSign) shall be deemed original signatures.

9.6 Headings. Section headings are for convenience only and do not affect interpretation.

X. EXECUTION BLOCK

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

STATE OF CONNECTICUT )
) ss. [TOWN/CITY]
COUNTY OF _____ )

On this _ day of _, 20, before me, the undersigned, personally appeared [PARENT A NAME] and [PARENT B NAME], satisfactorily proven to be the persons whose names are subscribed to this instrument, and acknowledged that they executed the same for the purposes therein contained.

Notary Public
My Commission Expires: _____

[// GUIDANCE: Check local Clerk’s Office requirements for any additional witness signatures or acknowledgments.]

EXHIBIT A – DETAILED HOLIDAY & VACATION SCHEDULE

[Attach calendar format if desired.]

EXHIBIT B – LIST OF APPROVED HEALTHCARE PROVIDERS

[Optional.]

[// GUIDANCE FOR COUNSEL:
1. Review the parenting plan against current Conn. Fam. Law § 46b-56 factors: (1) temperament and developmental needs; (2) capacity of parents; (3) inform decision-making; (4) past and current caregiving; (5) child’s preferences (if age-appropriate); (6) willingness to facilitate relationship; (7) domestic violence; (8) mental/physical health; (9) stability; (10) cultural background; (11) any other relevant factor.
2. Confirm that any health-insurance or child-support provisions align with the CT Child Support Guidelines.
3. Verify compliance with the Parenting Education Program requirement under Conn. Gen. Stat. § 46b-69b, if applicable.]