CHILD CUSTODY AND VISITATION AGREEMENT

(State of Iowa)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title and Parties

This Child Custody and Visitation Agreement (the “Agreement”) is made and 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,” and together with Parent A, the “Parties,” and each, a “Party”).

1.2 Recitals

WHEREAS, the Parties are the biological/adoptive parents of [CHILD’S FULL LEGAL NAME(S)] (the “Child”);
WHEREAS, the Parties desire to establish a comprehensive framework governing legal custody, physical care, parenting time, and decision-making responsibilities in a manner consistent with the best interests of the Child pursuant to Iowa Code § 598.41; and
WHEREAS, the Parties intend that this Agreement be incorporated into, and made a part of, any subsequent Decree of Dissolution, Paternity Order, or Custody Order issued by the Iowa District Court for [COUNTY] County, Iowa (the “Court”).

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

1.3 Jurisdiction Specification

This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa (“Governing Law”), and the Court shall retain exclusive jurisdiction over all matters arising hereunder.

2. DEFINITIONS

For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Terms defined herein have the same meaning whether singular or plural.

“Agreement” has the meaning set forth in Section 1.
“Best Interests Factors” means the statutory considerations enumerated in Iowa Code § 598.41(3).
“Child” has the meaning set forth in the Recitals.
“Court” has the meaning set forth in Section 1.2.
“Exchange Location” means [DESIGNATED NEUTRAL LOCATION] or such other location agreed in writing.
“Holiday Schedule” has the meaning set forth in Section 3.4.
“Legal Custody” means joint decision-making authority on major matters involving the Child’s health, education, and welfare.
“Parenting Time” means the scheduled periods during which a parent has physical care of the Child.
“Physical Care” means the right and responsibility to maintain the Child’s primary home and provide for routine daily care.
“Relocation” has the meaning set forth in Section 5.4.

3. OPERATIVE PROVISIONS

3.1 Legal Custody

Except as otherwise provided herein, the Parties shall share joint Legal Custody of the Child. Decisions relating to the Child’s major life issues (education, non-emergency medical care, religious upbringing, and extracurricular activities) shall be made jointly, in good faith, after reasonable consultation.

3.2 Physical Care

Parent [A or B] shall have primary Physical Care of the Child, subject to the Parenting Time allocated to the non-custodial parent as set forth below.

[// GUIDANCE: Insert “joint physical care” if applicable and adjust Sections 3.3–3.4 accordingly.]

3.3 Parenting Time Schedule

a. Weekday Schedule: The non-custodial parent shall have Parenting Time each [DAY(S) OF WEEK] from [START TIME] to [END TIME].
b. Alternating Weekends: The non-custodial parent shall have Parenting Time from [DAY/TIME] to [DAY/TIME] on alternating weekends.
c. Transportation: The non-custodial parent shall be responsible for transportation at the commencement of Parenting Time; the custodial parent shall be responsible for transportation at its conclusion, unless otherwise agreed.
d. Right of First Refusal: If the custodial parent is unable to supervise the Child for a continuous period exceeding [HOURS], that parent shall first offer the time to the non-custodial parent before making alternative child-care arrangements.

3.4 Holiday & Special Occasion Schedule (“Holiday Schedule”)

The Parties shall alternate the following holidays in even/odd-numbered years, commencing at [TIME] and ending at [TIME] unless otherwise stated:

1. New Year’s Day
2. Easter
3. Memorial Day
4. Independence Day
5. Labor Day
6. Thanksgiving
7. Christmas Eve / Christmas Day

Mother’s Day shall be with Parent A if Parent A is the mother; Father’s Day shall be with Parent B if Parent B is the father. Birthdays of the Child shall be alternated annually.

[// GUIDANCE: Customize to family traditions and specify additional religious holidays if applicable.]

3.5 Vacation Parenting Time

Each parent is entitled to up to [NUMBER] consecutive weeks of vacation Parenting Time per calendar year, with at least [NUMBER] days’ advance written notice to the other parent and without conflict with the Holiday Schedule unless mutually agreed.

3.6 Communication

The parent not exercising Parenting Time shall have reasonable, private telephonic or video communication with the Child [FREQUENCY/DURATION], taking into account the Child’s schedule and well-being.

3.7 Child Support

[OPTION A – REFERENCE TO SEPARATE ORDER] Child support shall be determined pursuant to the Iowa Child Support Guidelines and addressed in a separate court order.
[OPTION B – INCORPORATED] Parent [B] shall pay child support of $[AMOUNT] per month, due on the [DAY] of each month, commencing [DATE], subject to statutory withholding and adjustment in accordance with the Iowa Child Support Guidelines.

3.8 Healthcare & Insurance

The Parties shall maintain health, dental, and vision insurance for the Child as follows: [DETAIL POLICY HOLDER, PREMIUM ALLOCATION, AND UNINSURED EXPENSE SPLIT]. Non-emergency decisions require joint consent; emergency decisions may be made unilaterally, with prompt notice to the other parent.

4. REPRESENTATIONS & WARRANTIES

Each Party represents, warrants, and covenants to the other that, as of the Effective Date and continuing throughout the term of this Agreement:
a. Authority: He or she has full legal capacity and authority to enter into and perform this Agreement.
b. No Conflicting Orders: No protective order, no-contact order, or other court order exists that would conflict with the parenting provisions herein.
c. Disclosure: There are no pending criminal charges or founded child-abuse assessments against the Party that have not been disclosed in writing.
d. Truthfulness: All information provided during custody negotiations was true, complete, and accurate in all material respects.

The foregoing representations shall survive execution of this Agreement and entry of any resulting court order.

5. COVENANTS & RESTRICTIONS

5.1 Best Interests Standard

The Parties shall at all times act in accordance with the Best Interests Factors. Neither Party shall disparage the other parent in the presence of the Child or interfere with the Child’s relationship with the other parent.

5.2 Cooperation & Information Sharing

The Parties shall share school records, medical records, and information regarding extracurricular activities promptly upon receipt.

5.3 Substance Use

Neither parent shall consume or be under the influence of alcohol or illegal drugs during Parenting Time. Prescription medication shall be used only as prescribed.

5.4 Relocation

“Relocation” means any change of the Child’s primary residence that would move the Child more than 150 miles from [CURRENT PRIMARY RESIDENCE] or outside the State of Iowa. A Party seeking Relocation must provide at least 90 days’ prior written notice, specifying the proposed new residence, reasons for Relocation, and proposed modified Parenting Time schedule. Relocation shall not occur absent:

1. Written consent of the non-relocating parent; or
2. A court order finding that Relocation serves the Child’s best interests.

The Parties shall endeavor to modify this Agreement in writing to address Parenting Time and transportation in light of Relocation.

5.5 Notice of Significant Events

Each parent shall notify the other within 24 hours of any significant illness, injury, or emergency affecting the Child.

6. DEFAULT & REMEDIES

6.1 Events of Default

An “Event of Default” occurs if a Party:
1. Willfully violates any material provision of this Agreement;
2. Fails to return the Child at the designated time without reasonable cause;
3. Removes the Child from the State of Iowa without consent or court order; or
4. Engages in conduct posing an imminent risk to the Child’s safety or welfare.

6.2 Notice & Cure

Except in emergencies, the non-defaulting Party shall provide written notice specifying the default and allow a [15-DAY] cure period. Repeated defaults may be grounds for immediate court intervention.

6.3 Remedies

a. Court Enforcement: The non-defaulting Party may seek immediate enforcement, contempt sanctions, makeup Parenting Time, or modification of custody.
b. Attorney Fees: The defaulting Party shall pay the reasonable attorney fees and costs incurred to enforce this Agreement, as determined by the Court.
c. Graduated Remedies: For minor violations, the Parties shall first attempt mediation (Section 8.2) before seeking judicial relief.

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, costs, or liabilities, including reasonable attorney fees, arising out of (i) the Indemnifying Party’s willful violation of this Agreement, or (ii) conduct resulting in physical or emotional harm to the Child, except to the extent caused by the Indemnified Party’s own misconduct.

7.2 Limitation of Liability

Not applicable. Nothing herein limits a Party’s liability for harm to the Child or statutory contempt sanctions.

7.3 Force Majeure

Temporary inability to comply with Parenting Time due to circumstances beyond a Party’s reasonable control (e.g., severe weather, medical emergency) shall not constitute default, provided the Party gives prompt notice and reschedules lost Parenting Time within [30] days.

8. DISPUTE RESOLUTION

8.1 Governing Law & Forum Selection

This Agreement is governed by the laws of the State of Iowa. The Parties submit exclusively to the jurisdiction of the Iowa District Court for [COUNTY] County, Iowa, Family Law Division. No jury trial is available in the Court for custody matters.

8.2 Mediation

Except for emergency relief, the Parties shall mediate any dispute arising under this Agreement with a mediator certified in family law before filing any motion to modify or enforce. The cost of mediation shall be shared equally unless otherwise agreed.

8.3 Arbitration (Limited Availability)

The Parties may agree in writing to submit discrete, non-custodial issues (e.g., allocation of extracurricular expenses) to binding arbitration pursuant to the Iowa Uniform Arbitration Act. Custody and visitation determinations are not subject to binding arbitration.

8.4 Injunctive Relief

Nothing herein limits either Party’s right to seek temporary or permanent injunctive relief pertaining to the custody or safety of the Child.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers

No amendment or waiver of any provision of this Agreement is effective unless set forth in a written instrument signed by both Parties and, where required, approved by the Court. Failure to enforce any provision shall not constitute a waiver.

9.2 Assignment

Parental rights and obligations are personal and may not be assigned.

9.3 Successors

This Agreement binds and benefits the Parties and their respective heirs, personal representatives, and permitted assigns.

9.4 Severability

If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the Court is empowered to reform the Agreement to conform with applicable law and the Parties’ intent.

9.5 Integration

This Agreement constitutes the entire understanding between the Parties with respect to custody and visitation of the Child and supersedes all prior oral or written agreements on these subjects.

9.6 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 (PDF, facsimile, or comparable means) are deemed original.

10. EXECUTION BLOCK

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

10.1 Acknowledgment & Notarization

State of Iowa )
County of ______ ) ss.

On this _ day of _, 20__, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared [PARENT A NAME] and [PARENT B NAME], to me known to be the persons named in and who executed the foregoing Child Custody and Visitation Agreement, and acknowledged that they executed the same as their voluntary act and deed.

Notary Public in and for the State of Iowa
My Commission Expires: ______

[// GUIDANCE: Iowa does not require notarization for enforceability, but notarization is advisable for evidentiary purposes and to facilitate filing with the Court.]

END OF DOCUMENT