Child Custody Agreement - Georgia

GEORGIA CHILD CUSTODY AND PARENTING PLAN AGREEMENT

(Agreement for parents in __________ County, Georgia)
Referencing O.C.G.A. §§ 19-9-1 and 19-9-3

For court submission, each parent must submit a parenting plan, or the parents may submit one jointly, as directed by the judge. This signed agreement supplies the parents' proposed terms; use the court-directed parenting-plan format for the court's custody order. This agreement alone is not a custody order.

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
    3.1 Custody Structure
    3.2 Parenting Time & Visitation Schedule
    3.3 Decision-Making Authority (Legal Custody)
    3.4 Transportation, Exchanges & Communication
    3.5 Relocation
    3.6 Health, Education & Information Sharing
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 Parties.
This Child Custody and Parenting Plan Agreement (the “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [​PARENT A FULL LEGAL NAME], residing at [ADDRESS] (“Parent A”); and
• [​PARENT B FULL LEGAL NAME], residing at [ADDRESS] (“Parent B”)
  (each, a “Parent,” and collectively, the “Parents”).

1.2 Child(ren).
This Agreement concerns the following minor child(ren) (each, a “Child” and collectively, the “Children”):

1.3 Recitals.
A. The Parents are the natural and legal parents of the Children.
B. The Parents desire to resolve all issues of legal and physical custody, parenting time, and related matters in a manner consistent with the Children’s best interests as set forth in O.C.G.A. § 19-9-3.
C. The Parents recognize that a close, continuing relationship with each Parent and continuity in the Children's lives serve their best interests. They recognize that the Children's needs will change as they mature and will make an effort to adapt their parenting accordingly. The Parent exercising physical custody will make day-to-day and emergency decisions while the Children reside with that Parent, subject to the court's order.
D. The Parents have voluntarily negotiated this Agreement to promote stability, cooperation, and the welfare of the Children.
E. Consideration for this Agreement includes the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.

II. DEFINITIONS

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

“Agreement” has the meaning provided in Section 1.1.

“Best Interest Factors” means the statutory considerations enumerated at O.C.G.A. § 19-9-3(a)(3), as amended from time to time.

“Child” or “Children” has the meaning provided in Section 1.2.

“Exchange Point” means the mutually agreed physical location where the Children are transferred between Parents for parenting time.

“Holiday Schedule” means the annual allocation of holidays set forth in Exhibit B.

“Legal Custody” means the right and obligation to participate in major decisions affecting the Children, including but not limited to education, non-emergency health care, extracurricular activities, and religious upbringing.

“Parenting Time” means the periods during which a Parent has physical custody of the Children pursuant to Section 3.2.

“Physical Custody” refers to the day-to-day care of the Children.

“Relocating Parent” has the meaning assigned in Section 3.5(a).

“School Calendar” means the public-school calendar of the district in which the Children are then enrolled.

III. OPERATIVE PROVISIONS

3.1 Custody Structure

(a) Legal Custody. The Parents shall share joint Legal Custody.
(b) Physical Custody. The Parents agree to the [choose one: “joint physical custody with a week-on/week-off rotation” | “primary physical custody to Parent A with specified parenting time to Parent B”] arrangement detailed in Section 3.2.
(c) Best Interest Standard. All custodial determinations and any future modifications shall be governed by the Best Interest Factors.

3.2 Parenting Time & Visitation Schedule

(a) Regular Weekday/Weekend Schedule.

1. Parent A shall have Parenting Time each [WEEKDAY(S)] from [TIME] until [TIME].
 2. Parent B shall have Parenting Time each [WEEKEND] from [TIME] on [DAY] until [TIME] on [DAY].

(b) Holiday Schedule. The Holiday Schedule in Exhibit B supersedes the regular schedule in the event of conflict.

(c) School Breaks & Summer Vacation.

1. Spring Break shall alternate annually, beginning with Parent A in [YEAR].
 2. Each Parent shall have [NUMBER] consecutive weeks of summer Parenting Time, selected in writing no later than [DATE] each year.

(d) Make-Up Time. A Parent who foregoes Parenting Time for reasons other than the Children’s illness shall not be entitled to automatic make-up time absent mutual written agreement.

3.3 Decision-Making Authority (Legal Custody)

(a) Major Decisions shall require joint consultation and mutual agreement. If the Parents cannot agree, they shall first attempt mediation pursuant to Section 8.3 before seeking court intervention.
(b) Day-to-Day Decisions. The Parent exercising Physical Custody may make routine day-to-day decisions.

3.4 Transportation, Exchanges & Communication

(a) Transportation. The receiving Parent shall provide transportation to the Exchange Point unless otherwise agreed.
(b) Timeliness. Each Parent shall be punctual; delays exceeding fifteen (15) minutes require notice by text or phone.
(c) Direct Communication. The Children may communicate with the non-custodial Parent [METHODS: phone, video, text] at reasonable times. Neither Parent shall monitor or interfere with such communication.

3.5 Relocation

(a) Notice Obligation. Except where a court order provides otherwise, a Parent changing residence shall notify the other Parent at least thirty (30) days before the anticipated change and include the full address of the new residence (O.C.G.A. § 19-9-3(f)(3)). A custodial Parent shall also give that notice to any other person granted visitation or parenting time under Georgia law or a court order. The Parents agree to provide this notice in writing. They additionally agree that a Parent intending to change the Children’s principal residence more than [50] miles or into another state (the “Relocating Parent”) shall give the other Parent sixty (60) days’ prior written notice stating the proposed address, phone number, date of move, and reasons, unless the court orders otherwise.
(b) Good-Faith Negotiation. Within fifteen (15) days of notice, the Parents shall confer in good faith to revise Parenting Time.
(c) Failure to Agree. If the Parents cannot agree, either may petition the Superior Court for modification consistent with the Best Interest Factors.
(d) Temporary Orders. The court’s exercise of emergency jurisdiction is preserved.

3.6 Health, Education & Information Sharing

(a) Records Access. Unless the court orders otherwise, each Parent shall have access to the Children's education, health, health insurance, extracurricular, and religious records and information as provided in the parenting plan (O.C.G.A. § 19-9-1(b)(1)(D)).
(b) Insurance. Parent ☐ shall maintain medical and dental insurance; unreimbursed expenses shall be divided [PERCENTAGE].
(c) Emergency Care. Either Parent may authorize emergency medical treatment; the other Parent shall be notified as soon as practicable.

IV. REPRESENTATIONS & WARRANTIES

4.1 Parental Status. Each Parent represents that he or she is a legal parent of the Children and that no other individual has legally established parental rights.
4.2 Existing Orders. The Parents warrant that, other than [CASE NAME/NUMBER] in the Superior Court of __________ County, no custody order is currently in effect.
4.3 Capacity & Authority. Each Parent has full legal capacity and authority to enter into and perform this Agreement.
4.4 Accuracy of Information. All factual disclosures made in connection with this Agreement are true, complete, and correct to the best of each Parent’s knowledge.

All representations and warranties shall survive execution of this Agreement.

V. COVENANTS & RESTRICTIONS

5.1 Positive Conduct. Each Parent shall foster love, respect, and affection between the Children and the other Parent and shall not speak disparagingly of the other Parent in the Children’s presence.
5.2 Substance Use. Neither Parent shall use alcohol to excess or illegal drugs during Parenting Time or within twenty-four (24) hours prior thereto.
5.3 Firearms. Firearms kept in a home or vehicle during Parenting Time shall be securely stored and inaccessible to the Children.
5.4 Notice of Significant Events. Each Parent shall promptly notify the other of any significant event affecting the Children’s health, safety, or welfare, including illnesses requiring medical attention, school disciplinary actions, or involvement with law enforcement.

VI. DEFAULT & REMEDIES

6.1 Events of Default. An “Event of Default” occurs if a Parent:
 (a) Willfully interferes with the other Parent’s court-ordered Parenting Time;
 (b) Relocates the Children without compliance with Section 3.5;
 (c) Engages in conduct that endangers the Children’s physical or emotional welfare.

6.2 Notice & Cure. Except in emergencies, the non-defaulting Parent shall give written notice describing the default and a fourteen (14)-day cure period.

6.3 Remedies. Upon an uncured Event of Default, the non-defaulting Parent may pursue any combination of the following, subject to court approval:
 (i) Contempt proceedings;
 (ii) Make-up Parenting Time;
 (iii) Modification of custody;
 (iv) Attorney’s fees and costs as provided in Section 6.4.

6.4 Attorney’s Fees. The Court may award reasonable attorney's fees and litigation expenses under O.C.G.A. § 19-9-3(g) in the proportions and at the times it determines, subject to applicable law. Neither Parent is entitled to fees solely by prevailing.

VII. RISK ALLOCATION

7.1 Indemnification—Child Welfare Priority. Each Parent (“Indemnifying Parent”) shall indemnify, defend, and hold harmless the other Parent from any loss, liability, or expense (including reasonable attorney’s fees) arising out of the Indemnifying Parent’s breach of this Agreement or misconduct that places the Children at risk.
7.2 Limitation of Liability. Nothing herein limits a Parent’s liability arising from intentional misconduct, negligence affecting child welfare, or contempt of court.
7.3 Force Majeure. Neither Parent shall be held in contempt for unavoidable non-performance caused by acts of God, natural disasters, or circumstances beyond the Parent’s reasonable control, provided written notice is given within twenty-four (24) hours.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia.

8.2 Forum Selection. The Superior Court of __________ County, Georgia (the “Family Court”) shall have exclusive jurisdiction over all matters arising under or relating to this Agreement, except as provided in Section 8.3.

8.3 Mediation. The Parents may use court-approved mediation for an eligible dispute as directed by the Court. If family violence is alleged or identified, either Parent may seek court screening and a safe alternative before mediation; this provision does not require mediation where the Court excuses it. A Parent may seek emergency relief without mediation. Costs shall be shared [PERCENTAGE] unless otherwise ordered.

8.4 Arbitration (Limited Availability). Subject to the Family Court’s approval, the Parents may agree in writing to submit discrete financial disputes (e.g., allocation of unreimbursed medical expenses) to binding arbitration under the Georgia Arbitration Code, excluding custody determinations.

8.5 Jury Trial. This Agreement creates no pre-litigation contractual jury-trial waiver. The court will determine jury availability under the law governing the proceeding.

8.6 Injunctive Relief. Nothing herein limits either Parent’s right to seek emergency injunctive relief for the immediate protection of the Children or for enforcement of this Agreement.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment or waiver shall be effective unless in a writing signed by both Parents and, if required, approved by the Family Court. Failure to enforce any provision is not a waiver of future enforcement.

9.2 Assignment. Parental rights and obligations are personal and may not be assigned or delegated.

9.3 Successors & Assigns. This Agreement binds the Parents and their respective heirs, legal representatives, and permitted assigns.

9.4 Severability. If any provision is held invalid, the remainder shall remain in full force, and the court may reform the provision to effectuate the Parties’ intent.

9.5 Integration. This Agreement and its Exhibits constitute the entire agreement on the subjects addressed and supersede all prior understandings.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically shall be deemed originals.

X. EXECUTION BLOCK

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

| ________________________________ | ________________________________ |
| [PARENT A NAME] | Date |

| ________________________________ | ________________________________ |
| [PARENT B NAME] | Date |

[Optional Notary Block – Georgia]

STATE OF GEORGIA
COUNTY OF ______________

On this _____ day of __________, 20__, before me, the undersigned Notary Public, personally appeared ___________________________ and ___________________________, known to me or satisfactorily proven to be the individuals whose names are subscribed to this instrument and acknowledged that they executed the same for the purposes therein contained.

_____________________________
Notary Public
My Commission Expires: __________

EXHIBIT A

DETAILED PARENTING CALENDAR
[Insert 12-month calendar identifying each overnight with color-coding or initials.]

EXHIBIT B

HOLIDAY SCHEDULE

1. Thanksgiving: Even-numbered years—Parent A; odd-numbered years—Parent B (Wednesday 6:00 p.m. to Sunday 6:00 p.m.).
2. Winter Break: First half (dismissal to noon Dec 26) to Parent A in odd years; Parent B in even years; second half reverses.
3. Children’s Birthdays: Parent not scheduled for Parenting Time may enjoy a two-hour visitation period.
4. Mother’s Day/Father’s Day: To the named parent, regardless of year.