CHILD CUSTODY AND PARENTING TIME AGREEMENT

(State of Indiana)

Document Metadata

Effective Date: ____ (“Effective Date”)
Governing Law: Indiana family law
Exclusive Forum: [INSERT COUNTY] Superior Court, Family Division, State of Indiana (“Court”)
Children Covered: [CHILD’S FULL NAME, DOB] ☐ Add’l Children Attached as Schedule A

TABLE OF CONTENTS

1. Recitals
2. Definitions
3. Operative Provisions
   3.1 Legal Custody
   3.2 Physical Custody & Parenting Time
   3.3 Holiday & Special Day Schedule
   3.4 Transportation & Exchanges
   3.5 Communication & Virtual Parenting Time
   3.6 Right of First Refusal
   3.7 Relocation
   3.8 Health Care & Insurance
   3.9 Educational Decision-Making
   3.10 Child Support Acknowledgment
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Schedule A – Additional Children (if any)
12. Schedule B – Parenting Time Calendar (illustrative)

1. RECITALS

A. [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 “Parent”) are the natural/legal parents of the minor child(ren) identified above (individually, a “Child,” and collectively, the “Children”).

B. The Parties recognize that under Ind. Code § 31-17-2-8, all custody determinations must promote the “best interests of the child,” taking into account, inter alia, the age and sex of the child, the wishes of the parents, the child’s adjustment to home/school/community, and all other relevant factors (the “Best-Interest Factors”).

C. The Parties desire to establish a comprehensive, court-enforceable agreement that allocates legal and physical custody, sets forth a parenting-time schedule consistent with the Indiana Parenting Time Guidelines (the “Guidelines”), and addresses relocation, health care, dispute resolution, and related matters.

D. In consideration of the mutual promises herein and other good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows.

2. DEFINITIONS

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

“Agreement” means this Child Custody and Parenting Time Agreement, including all Schedules, as amended from time to time.

“Best-Interest Factors” has the meaning provided in Recital B.

“Custodial Parent” means the Parent with whom the Child is scheduled to reside the majority of overnights in a given calendar year.

“Guidelines” means the Indiana Parenting Time Guidelines in effect on the Effective Date and as may be amended.

“Joint Legal Custody” means shared decision-making authority regarding the Child’s major life issues, including education, health care, religion, and extracurricular activities.

“Non-Custodial Parent” means the Parent who is not the Custodial Parent during the relevant period.

“Parenting Time” means in-person or virtual custodial time as detailed in § 3.2 and § 3.3.

“Relocation” has the meaning set forth in Ind. Code § 31-17-2.2-1 et seq., or any successor statute.

[Additional Definitions may be inserted as needed.]

3. OPERATIVE PROVISIONS

3.1 Legal Custody

3.1.1 The Parties shall have Joint Legal Custody of the Children.
3.1.2 Material decisions shall require good-faith consultation and mutual agreement.
3.1.3 In the event of impasse after reasonable efforts, the Parties shall submit the disputed issue to mediation pursuant to § 8.2 before seeking judicial determination.

3.2 Physical Custody & Parenting Time

3.2.1 Base Schedule. The Children shall reside primarily with [CUSTODIAL PARENT] subject to the Parenting Time afforded the Non-Custodial Parent under the Guidelines and as detailed in Schedule B.
3.2.2 Mid-Week Parenting Time. ☐ Yes ☐ No   If yes, specify: ____.
3.2.3 Extended Summer Parenting Time. The Non-Custodial Parent shall have ____ consecutive weeks during the school summer recess. Notice of preferred dates shall be provided in writing by April 1 of each year.

3.3 Holiday & Special Day Schedule

3.3.1 Holidays shall alternate annually per the Guidelines unless otherwise stated in Schedule B.
3.3.2 The holiday schedule supersedes the base schedule in case of conflict.

3.4 Transportation & Exchanges

3.4.1 Pick-Up/Drop-Off Location: ____.
3.4.2 Transportation Responsibility: ☐ Custodial Parent ☐ Non-Custodial Parent ☐ Shared (specify): _____.
3.4.3 Tardiness of more than 30 minutes without notice constitutes a “Missed Exchange” (see § 6.1.1).

3.5 Communication & Virtual Parenting Time

3.5.1 Each Parent may communicate with the Children via phone/video up to ___ times per week between : a.m. and : p.m. local time, absent emergency or mutual agreement.
3.5.2 Neither Parent shall monitor calls or withhold devices except to protect the Child from imminent harm.

3.6 Right of First Refusal

If either Parent is unable to exercise scheduled Parenting Time for more than ___ hours, that Parent shall offer the other Parent the opportunity to care for the Child before arranging third-party childcare.

3.7 Relocation

3.7.1 Statutory Notice. A Parent intending Relocation must provide the other Parent and the Court with written notice in compliance with Ind. Code § 31-17-2.2-3, currently at least 90 days prior to Relocation.
3.7.2 Objection & Modification. Any objection shall be filed within the statutory period; absent objection, the Parties shall amend Schedule B to accommodate travel and costs.
3.7.3 Allocation of Relocation Costs. Unless otherwise ordered, the relocating Parent bears the incremental transportation costs occasioned by Relocation.

3.8 Health Care & Insurance

3.8.1 Health Coverage. [PARENT RESPONSIBLE] shall maintain comprehensive medical, dental, and vision insurance for the Children.
3.8.2 Uninsured Expenses. Unreimbursed expenses shall be divided: ☐ 50/50 ☐ Pro-rata to parties’ gross incomes ☐ Other: ____.
3.8.3 Each Parent shall be listed as an authorized contact with all health-care providers.

3.9 Educational Decision-Making

3.9.1 School Enrollment. The Children shall attend [NAME OF SCHOOL/CORPORATION].
3.9.2 Both Parents shall have equal access to educational records pursuant to applicable law.

3.10 Child Support Acknowledgment

[// GUIDANCE: Practitioners typically address support in a separate order; include cross-reference if one already exists.]
The Parties acknowledge that child support shall be governed by a separate Indiana Child Support Order (Cause No. ____). Nothing herein modifies that order unless and until approved by the Court.

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity. Each Parent has full legal capacity and authority to enter into this Agreement.
4.2 No Prior Violation. Execution and performance do not violate any prior court order.
4.3 Disclosure. Each Parent has disclosed all facts material to the Children’s safety and welfare, including any criminal or protective-order history.
4.4 Survival. The representations and warranties survive execution and continue while any Child remains a minor.

5. COVENANTS & RESTRICTIONS

5.1 Non-Disparagement. Neither Parent shall disparage the other in the presence or hearing of the Children.
5.2 Substance Use. No Parent shall consume alcohol to impairment or use illicit substances during Parenting Time.
5.3 Firearms. Firearms shall be stored unloaded and locked while the Children are present.
5.4 Travel Outside Indiana. A Parent traveling with the Children outside Indiana for more than ___ hours shall provide itinerary and emergency contacts at least ___ days in advance.
5.5 Compliance with Court Orders. The Parties shall comply with all standing Indiana Family Court Rules and any local parenting-time orders.

6. DEFAULT & REMEDIES

6.1 Events of Default
6.1.1 Missed Exchange. Failure to deliver or pick up a Child in accordance with § 3.4 without 24-hour prior notice.
6.1.2 Denial of Court-Ordered Parenting Time.
6.1.3 Relocation without Statutory Notice.
6.1.4 Material Breach of § 5 Covenants.

6.2 Notice & Cure
The non-breaching Parent shall provide written notice specifying the default and a cure period of ___ days, except where immediate harm to a Child is alleged.

6.3 Remedies
6.3.1 Make-Up Parenting Time comparable in duration and quality.
6.3.2 Contempt Motion before the Court, with potential sanctions under Ind. Code § 34-47-3.
6.3.3 Attorney Fees and Costs: The breaching Parent shall indemnify the non-breaching Parent for reasonable fees incurred enforcing this Agreement.
6.3.4 Modification. Repeated or willful violations may constitute a substantial change warranting modification under Ind. Code § 31-17-2-21.

7. RISK ALLOCATION

7.1 Indemnification
Each Parent (“Indemnifying Parent”) shall indemnify, defend, and hold harmless the other Parent and the Children (“Indemnified Parties”) from any loss, liability, damage, expense, or claim arising from the Indemnifying Parent’s negligent or willful failure to exercise reasonable care for the Children’s welfare during Parenting Time.

7.2 Limitation of Liability
Not applicable (see Metadata).

7.3 Insurance
Each Parent shall maintain homeowner’s or renter’s liability insurance in minimum limits of $300,000 per occurrence and name the other Parent as an additional insured upon request.

7.4 Force Majeure
Parenting Time impeded by weather, natural disaster, or government-issued travel restrictions shall be rescheduled within ___ days or as otherwise agreed.

8. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement shall be construed in accordance with the laws of the State of Indiana without regard to conflict-of-law principles.

8.2 Mediation
Except for emergencies involving child safety, the Parties shall attempt to resolve all disputes through mediation with a mediator certified under Indiana Alternative Dispute Resolution Rule 1. Failing resolution within 30 days, either Parent may petition the Court.

8.3 Arbitration
Family-law arbitration is permissible only upon written consent of the Parties and approval of the Court pursuant to Ind. Code § 31-17-2-12. If elected, the arbitrator’s award shall be submitted to the Court for confirmation.

8.4 Injunctive Relief
Nothing herein limits the Court’s authority to enter temporary restraining or protective orders, or to modify custody on an emergency basis.

9. GENERAL PROVISIONS

9.1 Amendment
This Agreement may be modified only by a written instrument signed by both Parties and approved by the Court.

9.2 Waiver
Failure to enforce any provision shall not constitute a waiver of that provision or any other.

9.3 Assignment
Parental rights and obligations are personal and non-assignable.

9.4 Severability
If any provision is held invalid, the remainder shall be enforced to the fullest extent permitted by law.

9.5 Integration
This Agreement, together with referenced documents, is the Parties’ entire agreement regarding custody and parenting time, superseding all prior oral or written understandings.

9.6 Counterparts & Electronic Signatures
This Agreement may be executed in counterparts, each deemed an original, and signatures transmitted electronically (e.g., PDF, DocuSign) are binding.

10. EXECUTION BLOCK

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

Parent A: ____ Date: ___
Print Name: _____

Parent B: ____ Date: ___
Print Name: _____

[// GUIDANCE: Many Indiana counties require notarization; confirm local practice.]

State of Indiana         )
County of ____ ) SS:

Subscribed and sworn before me on __, 20, by ___ and _____.

Notary Public: ____
My Commission Expires: ________

11. SCHEDULE A – ADDITIONAL CHILDREN

[Insert full legal name and DOB of each additional child.]

12. SCHEDULE B – ILLUSTRATIVE PARENTING TIME CALENDAR

[Attach 12-month calendar or detailed chart consistent with § 3.2 and § 3.3.]

[// GUIDANCE:
1. File the executed Agreement with the Court to obtain a formal order—essential for enforceability.
2. Review local rules for mandatory parenting-class certificates or standing orders.
3. Update insurance cards, school contacts, and medical releases immediately upon entry.
]