CHILD CUSTODY & PARENTING TIME AGREEMENT
(Commonwealth of Kentucky)
[// GUIDANCE: This template is drafted for Kentucky matters governed by KRS Chapter 403. Tailor all bracketed items and italicized options to the specific family, facts, and any prior orders. Remove Guidance comments before filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Custody & Parental Decision-Making
- Parenting Time Schedule
- Transportation, Exchanges & Communication
- Relocation
- Health, Education & Records Access
- Child Support & Extraordinary Expenses
- Representations & Warranties
- Covenants & Restrictions
- Default, Enforcement & Remedies
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title. Child Custody & Parenting Time Agreement (“Agreement”).
1.2 Parties.
(a) “[PARENT A FULL LEGAL NAME],” residing at [ADDRESS] (“Parent A”).
(b) “[PARENT B FULL LEGAL NAME],” residing at [ADDRESS] (“Parent B”).
Parent A and Parent B are collectively the “Parents.”
1.3 Child(ren) Covered.
• [CHILD 1 LEGAL NAME], born [DOB];
• [ADD ADDITIONAL CHILD(REN) AS NEEDED]
(each, a “Child,” and collectively, the “Children”).
1.4 Effective Date. This Agreement is effective as of [EFFECTIVE DATE] (“Effective Date”) upon approval by the [NAME OF] Family Court, [COUNTY], Kentucky (the “Court”).
1.5 Governing Law & Jurisdiction. This Agreement shall be governed by and construed in accordance with the domestic-relations law of the Commonwealth of Kentucky. The Court shall retain exclusive jurisdiction over all matters herein, subject to the Uniform Child-Custody Jurisdiction and Enforcement Act.
2. DEFINITIONS
“Best Interest Factors” means the statutory criteria the Court must consider when allocating custodial rights and parenting time, including (i) the wishes of the Parents, (ii) the wishes of the Child when of sufficient age and maturity, (iii) the Child’s adjustment to home, school and community, (iv) the stability of proposed custodial arrangements, (v) the Child’s relationships with siblings and extended family, (vi) the mental and physical health of all parties, and (vii) any history of domestic violence or substance abuse.
“Joint Legal Custody” means that both Parents share significant decision-making responsibility for the Child’s health, education, and welfare.
“Parenting Time” means the in-person custodial periods allocated to each Parent, inclusive of regular, holiday, vacation, and special-event schedules.
“Primary Residence” means the address at which the Child is deemed to reside for school enrollment and other legal purposes. [// GUIDANCE: Kentucky law does not presume a “primary residential parent” in joint custody; include only if the parties agree.]
“Relocation” means any change of a Parent’s primary residence that would (a) move the Child more than 100 miles from the other Parent’s residence or (b) significantly impair the existing Parenting Time schedule.
[ADD other defined terms as needed]
3. CUSTODY & PARENTAL DECISION-MAKING
3.1 Legal Custody. The Parents agree to Joint Legal Custody of the Children, consistent with statutory preference under Kentucky law.
3.2 Day-to-Day Care. During each Parent’s Parenting Time, that Parent shall make routine daily decisions regarding the Children’s care, consistent with their best interests.
3.3 Major Decisions. The Parents shall consult in good faith and reach mutual agreement on major decisions including, but not limited to:
(a) Education (school enrollment, Individualized Education Plans, tutoring);
(b) Non-emergency medical, dental, or psychological care;
(c) Religious upbringing; and
(d) Extracurricular activities that materially affect the Parenting Time schedule or cost more than [$____] annually.
3.4 Tie-Break Procedure. If the Parents cannot agree after good-faith efforts, they shall first participate in [MEDIATION]/[PARENT COORDINATION] before either Parent petitions the Court for a determination.
4. PARENTING TIME SCHEDULE
4.1 Regular Schedule.
Week 1: Parent A from [DAY/TIME] to [DAY/TIME].
Week 2: Parent B from [DAY/TIME] to [DAY/TIME].
[// GUIDANCE: Insert alternating-week, 2-2-3, or other pattern agreed by the Parents.]
4.2 Holiday Schedule (supersedes Regular Schedule).
(a) Thanksgiving: Parent A in even-numbered years; Parent B in odd-numbered years, from 6:00 p.m. the evening before Thanksgiving until 6:00 p.m. the Sunday following.
(b) Winter Break: Split equally, with Parent B having first half in even-numbered years, alternating thereafter.
(c) Child’s Birthday: The Parent not scheduled for Parenting Time shall have at least a [3-HOUR] visitation period.
[ADD additional holidays/events.]
4.3 Extended Summer Parenting Time. Each Parent shall have up to [____] consecutive weeks between June 1 and August 15, provided written notice is given to the other Parent by April 1.
4.4 Make-Up Time. Parenting Time missed due to the Child’s illness, unavoidable travel delays, or other reasonable cause shall be made up within [30] days, unless otherwise agreed.
4.5 Right of First Refusal. If a Parent requires alternate childcare for more than [8] consecutive hours during his/her Parenting Time, that Parent shall first offer the other Parent the opportunity to care for the Child.
5. TRANSPORTATION, EXCHANGES & COMMUNICATION
5.1 Exchange Location. Unless otherwise agreed, exchanges shall occur at [LOCATION], with the receiving Parent responsible for pick-up.
5.2 Timeliness. Each Parent shall arrive within a [15]-minute window of scheduled exchange times and provide reasonable notice of delays.
5.3 Electronic Access. Each Parent and Child may communicate freely via telephone, text, or video call during reasonable hours (7:00 a.m. – 9:00 p.m.), absent extraordinary circumstances.
6. RELOCATION
6.1 Advance Notice. A Parent proposing Relocation shall provide the other Parent and the Court at least [60] days’ written notice stating (a) new address, (b) reasons for Relocation, and (c) proposed revisions to the Parenting Time schedule.
6.2 Objection & Resolution. The non-relocating Parent may file a written objection within [20] days of receipt. The Parents shall first attempt mediation; if unresolved, either Parent may petition the Court for modification consistent with the Children’s best interests.
6.3 Temporary Orders. Pending final determination, the existing schedule remains in effect unless the Court orders otherwise.
7. HEALTH, EDUCATION & RECORDS ACCESS
7.1 Medical Care. Each Parent shall keep the other apprised of all medical appointments and provide copies of records within [3] business days of receipt.
7.2 Insurance. [PARENT RESPONSIBLE] shall maintain health and dental insurance for the Children. The Parents shall share unreimbursed medical expenses [PRO-RATA BY INCOME]/[50-50] within 30 days of documented request.
7.3 School Records. Both Parents shall have equal, immediate access to report cards, attendance, and disciplinary records. Each Parent authorizes the school to release such records to the other Parent.
8. CHILD SUPPORT & EXTRAORDINARY EXPENSES
8.1 Child Support. Child support shall be determined separately pursuant to the Kentucky Child Support Guidelines. Unless modified by court order, the obligation in [CASE NUMBER] remains in full force.
8.2 Extraordinary Expenses. The Parents shall share the cost of mutually agreed extraordinary expenses (e.g., summer camp, private tutoring) in the following proportions: Parent A [] %, Parent B [] %.
9. REPRESENTATIONS & WARRANTIES
9.1 Capacity. Each Parent represents that he/she is the biological/legal parent of the Children and is not subject to any order that would impair execution of this Agreement.
9.2 Disclosure. Each Parent warrants full disclosure of any condition or proceeding that could materially affect custody, including pending criminal charges or child-protection investigations.
9.3 Reliance. Each Parent acknowledges that the other is relying on the accuracy of these representations in entering this Agreement.
10. COVENANTS & RESTRICTIONS
10.1 Non-Disparagement. Neither Parent shall make derogatory remarks about the other Parent (or the other Parent’s family) in the presence or hearing of the Children.
10.2 Substance Use. A Parent shall not consume alcohol to excess or use illicit substances during or within [12] hours prior to his/her Parenting Time.
10.3 Firearm Safety. Firearms shall be stored unloaded and locked, with ammunition stored separately.
10.4 Travel Outside Kentucky/USA. A Parent traveling out of state with the Children for more than [72] hours shall provide the other Parent a detailed itinerary, emergency contact information, and copies of travel documents at least [7] days in advance.
11. DEFAULT, ENFORCEMENT & REMEDIES
11.1 Notice of Default. A Parent alleging material violation shall deliver written notice specifying the breach and requested cure within [10] days.
11.2 Remedies. If uncured, the non-breaching Parent may:
(a) Seek expedited mediation;
(b) File appropriate pleadings in the Court for enforcement, contempt, make-up Parenting Time, or modification; and/or
(c) Request attorney’s fees and costs upon a finding of willful non-compliance.
11.3 Emergency Relief. Nothing herein limits either Parent’s right to seek immediate injunctive relief or emergency protective orders where the Children’s safety is at risk.
12. DISPUTE RESOLUTION
12.1 Mediation Requirement. Except for emergencies, the Parents shall mediate disputes arising under this Agreement with a mediator experienced in family law before seeking Court intervention.
12.2 Advisory Arbitration (Optional). If mediation fails, the Parents may, by written consent, submit any non-custodial financial dispute (e.g., allocation of extracurricular expenses) to binding arbitration under the Kentucky Uniform Arbitration Act. Custody and Parenting Time matters remain within the Court’s exclusive jurisdiction.
12.3 No Jury Trial. In family-court proceedings, matters shall be heard by the Court without a jury.
13. GENERAL PROVISIONS
13.1 Amendment & Waiver. Modifications must be in a writing signed by both Parents and approved by the Court. Waiver of any provision shall not constitute waiver of any other.
13.2 Assignment. Rights and duties under this Agreement are personal to each Parent and may not be assigned.
13.3 Severability. If any provision is held unenforceable, the remaining provisions shall be interpreted to effectuate the Parties’ intent and the Children’s best interests.
13.4 Entire Agreement. This Agreement, together with any schedules and Court orders referenced herein, constitutes the entire understanding of the Parents regarding custody and Parenting Time.
13.5 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each deemed an original, and by electronic signature with the same force and effect as an original.
14. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parents execute this Agreement as of the Effective Date.
[PARENT A NAME]
Date: ______
[PARENT B NAME]
Date: ______
[// GUIDANCE: Kentucky does not require notarization for custody stipulations, but notarization is highly recommended for authenticity.]
STATE OF KENTUCKY )
COUNTY OF ____ )
Subscribed, sworn, and acknowledged before me on ____, 20, by ____ and _________.
Notary Public, State at Large
My Commission Expires: ____
[// GUIDANCE: File the executed Agreement with a Motion to Enter Agreed Order or as part of a Joint Petition, attaching this Agreement as “Exhibit A.” The Court’s entered Order should incorporate the Agreement by reference and expressly retain jurisdiction for enforcement and modification.]