Child Custody Agreement

IDAHO CHILD CUSTODY & PARENTING TIME AGREEMENT

(Idaho Code Title 32 governed – Family Court jurisdiction)

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Legal & Physical Custody
   3.2 Parenting Time Schedule
   3.3 Holiday & Special Day Schedule
   3.4 Transportation & Exchanges
   3.5 Communication Protocols
   3.6 Health, Education & Religious Decision-Making
   3.7 Relocation

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 & PARENTING TIME AGREEMENT (“Agreement”) is made and entered into on this ___ day of __________, 20____ (“Effective Date”) by and between:

• [PARENT 1 LEGAL NAME], an individual residing at [ADDRESS] (“Parent 1”); and
• [PARENT 2 LEGAL NAME], an individual residing at [ADDRESS] (“Parent 2”)

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

RECITALS

A. The Parties are the biological/legal parents of [CHILD FULL NAME] (DOB: __/__/____) (the “Child”).
B. Idaho Code Title 32 directs the court to determine custody according to the best interests of the child, considering factors such as the child’s wishes, parental stability, emotional ties, character of all parties, any history of domestic violence, and the need to promote continuity.
C. The Parties desire to resolve all custodial rights and obligations in a comprehensive, enforceable written agreement consistent with Idaho public policy and the Child’s best interests.

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

2. DEFINITIONS

For purposes of this Agreement, capitalized terms shall have the meanings set forth below:

“Best Interest Factors” means the statutory considerations enumerated in Idaho Code governing custody determinations, as amended from time to time.

“Decision-Making Authority” means the right and responsibility to make major decisions affecting the Child’s welfare, including education, non-emergency health care, religious upbringing, and extracurricular activities.

“Legal Custody” means the allocation of Decision-Making Authority.

“Parenting Time” means the structured schedule during which the Child is in the physical care of a parent.

“Physical Custody” means the allocation of residential time with the Child.

“Relocation” means a change in the Child’s primary residence that would substantially impair the other parent’s ability to exercise Parenting Time, consistent with Idaho relocation statutes and case law.

3. OPERATIVE PROVISIONS

3.1 Legal & Physical Custody

3.1.1 Joint Legal Custody. The Parties shall share joint Legal Custody of the Child, with mutual consultation required on all major decisions.

3.1.2 Primary Physical Custody. The Child’s primary residence shall be with [PRIMARY RESIDENTIAL PARENT] (“Primary Parent”).

3.1.3 Substantial & Frequent Contact. The Parties acknowledge Idaho’s policy favoring frequent, continuing contact with both parents and agree to the Parenting Time provisions below to effectuate that policy.

3.2 Parenting Time Schedule

a. School Year (Aug–May)
• Parent 2: Alternate weekends from Friday 6:00 p.m. to Sunday 6:00 p.m.
• Mid-Week: Every Wednesday 5:30 p.m.–8:00 p.m. with Parent 2.

b. Summer Break (June–July)
• Equal 2-week rotating blocks commencing first Monday after school ends.

c. Infants/Toddlers (if applicable)
• Graduated Parenting Time increasing with developmental milestones.

3.3 Holiday & Special Day Schedule

• Thanksgiving: Even-numbered years with Parent 1; odd-numbered with Parent 2 (Wed 6 p.m.–Sun 6 p.m.).
• Winter Break: Split equally; Parent not receiving Christmas Eve/Day receives New Year’s Eve/Day.
• Child’s Birthday: Alternating annually; non-custodial parent receives 4-hour visitation if not his/her year.
• Mother’s Day/Father’s Day: With respective parent regardless of schedule.

3.4 Transportation & Exchanges

a. Pick-Up/Drop-Off Location: [NEUTRAL SITE / RESIDENCE / SCHOOL].
b. Responsibility: Parent commencing the parenting time shall provide transportation.
c. Tardiness: >15-minute delay requires phone/text notice; >30-minute delay without notice constitutes forfeiture for that period unless otherwise agreed in writing.

3.5 Communication Protocols

a. Electronic Contact: Each parent shall allow reasonable phone/video communication (max one call per day, 15 minutes, between 6–8 p.m.).
b. Co-Parenting Apps: Parties shall utilize [APP NAME] for all scheduling, notices, and expense tracking.

3.6 Health, Education & Religious Decision-Making

a. Medical: Either parent may authorize emergency care; non-emergency major health decisions require joint written consent.
b. Educational: Enrollment, IEPs, and extracurricular participation decisions require joint written consent.
c. Religious: Parties shall confer and strive for consensus; absent agreement, the Child may continue current practice.

3.7 Relocation

3.7.1 Notice. A parent intending Relocation must provide at least 60 days’ prior written notice via certified mail and through the co-parenting app. Notice shall state the proposed relocation date, new address, reasons, and proposed modified Parenting Time schedule.

3.7.2 Objection. The non-relocating parent may object in writing within 30 days and may petition the court for modification.

3.7.3 Temporary Orders. The Parties may stipulate to interim Parenting Time; lacking agreement, existing schedule remains in effect pending court order.

3.7.4 Best Interest Review. Any Relocation dispute shall be resolved under Idaho’s Best Interest Factors, with burden of proof on the relocating parent.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority. Each Parent represents that he or she has full legal authority to enter into and perform this Agreement and that no other court orders conflict with its terms.

4.2 Disclosure. Each Parent warrants that all material information affecting the Child’s welfare (health conditions, educational needs, safety issues) has been fully disclosed to the other Parent.

4.3 Compliance. Each Parent represents that no restraining order, domestic violence order, or child protection action currently prohibits the custody arrangement herein, except as specifically disclosed in Schedule A attached hereto.

Survival: The representations and warranties in this Section shall survive the Effective Date and remain in effect until modified by court order.

5. COVENANTS & RESTRICTIONS

5.1 Non-Disparagement. Neither Parent shall speak negatively about the other in the presence or hearing of the Child.

5.2 Substance Use. No Parent shall consume alcohol to impairment or use illicit substances within eight (8) hours prior to or during Parenting Time.

5.3 Firearms. All firearms in a Parent’s residence or vehicle shall be secured with trigger locks and stored separately from ammunition.

5.4 Relocation Covenant. Except as permitted by Section 3.7, neither Parent shall remove the Child from Idaho for more than thirty (30) consecutive days without written consent of the other Parent or court order.

5.5 Passport Hold. The Child’s passport(s) shall be held by [DESIGNATED PARENT / JOINT SAFE DEPOSIT BOX]. International travel requires thirty-day prior notice and written consent.

6. DEFAULT & REMEDIES

6.1 Events of Default. A Parent is in default if he or she:
a. Fails to deliver the Child pursuant to the Parenting Time schedule;
b. Unilaterally relocates the Child;
c. Repeatedly interferes with Decision-Making Authority; or
d. Violates any court order protecting the Child.

6.2 Notice & Cure. The non-defaulting Parent shall provide written notice specifying the breach. The defaulting Parent shall have ten (10) days to cure, except where immediate harm to the Child is alleged.

6.3 Graduated Remedies.
• First Violation: Mandatory mediation (see § 8).
• Second Violation (within 12 months): Make-up Parenting Time on a 2-for-1 basis.
• Third Violation (within 12 months): The non-defaulting Parent may seek court-ordered modification and attorney fees.

6.4 Attorney Fees & Costs. The prevailing party in any enforcement action shall be entitled to reasonable attorney fees and court costs.

7. RISK ALLOCATION

7.1 Child-Welfare Priority & Indemnification. Each Parent shall indemnify, defend, and hold harmless the other Parent from any claims, damages, or liabilities arising from that Parent’s breach of duty to protect the Child’s physical, emotional, or legal welfare, provided that nothing herein limits the court’s power to act in the Child’s best interests.

7.2 Insurance. Each Parent shall maintain health/dental insurance for the Child if available through employment at a reasonable cost. The Parent with superior coverage shall be the primary insurer. Unreimbursed medical expenses shall be apportioned [PERCENTAGE SPLIT].

7.3 Force Majeure. Parenting Time may be temporarily suspended for events beyond a Parent’s reasonable control (e.g., severe weather, natural disaster). The Parties shall reschedule missed time within thirty (30) days.

8. DISPUTE RESOLUTION

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

8.2 Forum Selection. The Parties consent to the exclusive jurisdiction of the [COUNTY] County District Court, Family Law Division.

8.3 Mediation (Mandatory Pre-Filing). Prior to filing any motion to modify or enforce, the Parties shall participate in at least four (4) hours of mediation with an Idaho Supreme Court-approved family law mediator, unless emergency relief is sought.

8.4 Arbitration (Limited). Only monetary disputes exceeding $5,000 (e.g., unreimbursed medical costs) may be submitted to binding arbitration under Idaho Uniform Arbitration Act, upon mutual written consent. Custody and Parenting Time issues remain within the exclusive jurisdiction of the court.

8.5 Injunctive Relief. Nothing herein limits either parent’s right to seek immediate injunctive or other emergent relief concerning the Child’s safety or to prevent wrongful removal of the Child from Idaho.

8.6 Jury Waiver. The Parties acknowledge that Idaho family courts do not provide jury trials in custody matters and therefore waive any right thereto if otherwise available.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. Modifications to this Agreement must be in writing, signed by both Parents, and approved by the court to be enforceable. No waiver of any breach shall be deemed a waiver of subsequent breaches.

9.2 Assignment. Custody rights are personal and may not be assigned or delegated, except as expressly permitted for temporary childcare (e.g., competent family members or licensed providers).

9.3 Successors & Assigns. This Agreement shall bind the Parties, their heirs, and legal representatives.

9.4 Severability. If any provision is held invalid or unenforceable, the remainder shall continue in full force, and the court may reform the offending provision to enforce the Parties’ intent.

9.5 Entire Agreement. This document constitutes the entire understanding of the Parties regarding custody and supersedes all prior oral or written agreements.

9.6 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts (including PDF or electronic signature counterparts), each of which shall be deemed an original and all of which together constitute one instrument.

10. EXECUTION BLOCK

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

_____________________________
[PARENT 1 NAME] – Parent 1

Date: _______________________

_____________________________
[PARENT 2 NAME] – Parent 2

Date: _______________________

State of Idaho )
County of ______ ) ss.

On this ___ day of __________, 20____, before me, the undersigned Notary Public, personally appeared [PARENT 1 NAME] and [PARENT 2 NAME], known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.

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

_____________________________
Notary Public for Idaho
My Commission Expires: __________

SCHEDULE A – Existing Orders / Protective Proceedings

[List and attach any existing protection orders, prior custody orders, or pending CPS matters.]