CHILD CUSTODY AND VISITATION AGREEMENT

(Louisiana – Court-Ready Template)

[// GUIDANCE: Replace all bracketed, bolded, ALL-CAPS placeholders (e.g., [MOTHER NAME]) with client-specific information. Delete all guidance comments before filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Custody Arrangement
   3.2 Parenting Time & Visitation Schedule
   3.3 Transportation & Exchange Protocols
   3.4 Decision-Making Authority
   3.5 Information-Sharing & Access
4. Representations & WarrantIES
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Exhibit A – Louisiana Best-Interest Factors
12. Exhibit B – Relocation Notice Procedure
13. Exhibit C – Holiday & Special Event Schedule

1. DOCUMENT HEADER

1.1 Title; Parties.
This Child Custody and Visitation Agreement (this “Agreement”) is entered into by and between [MOTHER NAME], an adult individual residing at [ADDRESS] (“Mother”), and [FATHER NAME], an adult individual residing at [ADDRESS] (“Father,” and together with Mother, the “Parties”).

1.2 Child(ren).
This Agreement concerns the minor child(ren) listed below (each, a “Child,” and collectively, the “Children”):
• [CHILD 1 LEGAL NAME], born [DOB]
• [CHILD 2 LEGAL NAME], born [DOB]
[Add additional lines as needed.]

1.3 Recitals.
A. The Parties are the natural parents of the Children and are presently [married / separated / divorced under docket no. _ in _____ Parish].
B. Consistent with Louisiana Civil Code article 134 and other applicable family-law provisions, the Parties desire to establish a comprehensive parenting plan that serves the Children’s best interests.
C. The Parties therefore agree as follows.

1.4 Effective Date; Jurisdiction.
This Agreement is effective as of [EFFECTIVE DATE] (the “Effective Date”) and shall be incorporated, when approved, into a final custody order of the [PARISH] Parish family court (the “Court”) exercising jurisdiction under Louisiana Revised Statutes Title 9 and the Louisiana Children’s Code.

2. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below. Undefined capitalized terms have the meanings ascribed in other sections.

“Best-Interest Factors” means the considerations enumerated in La. Civ. Code Ann. art. 134, reproduced in Exhibit A.

“Custody Modification” means any material change to legal or physical custody, visitation, or decision-making requiring Court approval.

“Domiciliary Parent” has the meaning assigned by Louisiana law and refers to the parent designated in § 3.1(a).

“Holiday Schedule” means the parenting-time allocation for holidays and special events set out in Exhibit C, which supersedes the Regular Schedule in the event of conflict.

“Implementation Order” means the Court’s order approving and incorporating this Agreement pursuant to La. R.S. Title 9.

“Major Decision” includes, without limitation, decisions relating to education, non-emergency medical/dental care, religion, and extracurricular activities.

“Regular Schedule” means the week-to-week parenting-time allocation in § 3.2(a).

“Relocation” has the meaning prescribed by Louisiana relocation statutes currently codified in Title 9, and is further addressed in Exhibit B.

3. OPERATIVE PROVISIONS

3.1 Custody Arrangement

a. Type of Custody. The Parties agree to [select ONE: Joint Custody / Sole Custody to Mother / Sole Custody to Father] of the Children, subject to the terms herein. If Joint Custody is selected, [MOTHER / FATHER] shall serve as the Domiciliary Parent.

b. Implementation Order. Upon Court approval, this Agreement shall constitute the Parties’ Joint Custody Implementation Order within the meaning of Louisiana law.

c. Shared Rights. Regardless of domiciliary designation, each parent retains the right to:
i. Access school and medical records;
ii. Confer with educators and health-care providers;
iii. Be notified of emergencies involving the Children.

3.2 Parenting Time & Visitation Schedule

a. Regular Schedule.
• [DAY] 6:00 p.m. – [DAY] 6:00 p.m. with Mother
• [DAY] 6:00 p.m. – [DAY] 6:00 p.m. with Father
[Modify chart as needed.]

b. Holiday Schedule Supremacy. The Holiday Schedule in Exhibit C supersedes the Regular Schedule.

c. Right of First Refusal. If a parent is unable to exercise parenting time for [X] consecutive hours, that parent shall first offer the unused time to the other parent.

d. Virtual Contact. The non-custodial parent on a given day is entitled to [15-minute] video or telephone contact each evening between [TIME RANGE], absent emergency.

3.3 Transportation & Exchange Protocols

a. Exchange Location. Unless otherwise agreed in writing, exchanges shall occur at [SPECIFIED LOCATION].

b. Transportation Responsibility. The parent beginning his/her parenting time shall provide transportation, unless alternative arrangements are agreed.

c. Safety Requirements. All parties shall comply with seat-belt, child-restraint, and sobriety laws at every exchange.

3.4 Decision-Making Authority

a. Major Decisions. The Domiciliary Parent shall make Major Decisions after meaningful consultation with the other parent; consultation failures may be addressed under § 6.

b. Day-to-Day Decisions. The parent in physical possession makes routine daily decisions.

c. Emergency Medical Care. Either parent may authorize emergency treatment; the authorizing parent shall notify the other within [1] hour or as soon as practicable.

3.5 Information-Sharing & Access

a. The Parties shall provide duplicate copies of report cards, medical reports, and extracurricular schedules within [3] business days of receipt.

b. Each parent shall list the other as an emergency contact with schools, day-care providers, and medical facilities.

4. REPRESENTATIONS & WARRANTIES

4.1 Each Party represents that:
a. He or she has legal capacity and authority to enter into this Agreement;
b. The information provided herein is true, complete, and accurate;
c. No prior court order or agreement conflicts with this Agreement except as expressly superseded hereby;
d. Entry into this Agreement is voluntary and informed, without coercion or duress.

4.2 Survival. The representations in § 4.1 survive the Effective Date and remain enforceable.

5. COVENANTS & RESTRICTIONS

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

5.2 Substance Use. Neither parent shall consume alcohol to impairment or use illicit substances during or within [12] hours before parenting time.

5.3 Firearms. All firearms shall be stored unloaded and locked pursuant to applicable law when the Children are present.

5.4 Notice of Significant Events. Each parent shall notify the other of school disciplinary actions, illnesses exceeding [24] hours, or any incident involving law-enforcement contact, within [12] hours of occurrence.

5.5 Relocation. The relocating parent shall comply with Exhibit B and all Louisiana relocation statutes, including notice, consent, and objection procedures.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute defaults:
a. Failure to comply with the Regular or Holiday Schedule without good cause;
b. Violation of decision-making protocols;
c. Relocation without statutory compliance;
d. Material breach of §§ 5.1–5.4.

6.2 Notice & Cure.
a. The non-breaching parent shall provide written notice specifying the default.
b. The breaching parent has [7] calendar days to cure, or such shorter period as circumstances require to safeguard the Children.

6.3 Graduated Remedies.
a. Make-up parenting time of equal duration;
b. Mandatory mediation per § 8.3;
c. Attorney fees and costs to the prevailing party;
d. Contempt proceedings or modification under Louisiana law.

7. RISK ALLOCATION

7.1 Child-Welfare Priority Indemnification. Each parent (the “Indemnifying Parent”) shall indemnify, defend, and hold harmless the other parent and the Children from any claims, losses, or liabilities arising out of the Indemnifying Parent’s willful misconduct, gross negligence, or violation of this Agreement impacting the Children’s welfare.

7.2 Limitation of Liability. No limitation of liability shall apply to acts or omissions affecting the health, safety, or best interests of the Children.

7.3 Insurance. The Parties shall maintain health-insurance coverage for the Children as required by the Court’s medical-support order and Louisiana Support Enforcement Services.

7.4 Force Majeure. Parenting time missed due to natural disasters, declared emergencies, or events beyond a parent’s reasonable control shall be rescheduled promptly in good faith.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement is governed by the laws of the State of Louisiana, without regard to conflict-of-laws principles.

8.2 Forum Selection. The Court retains exclusive jurisdiction over custody matters.

8.3 Mediation. Except for emergencies or issues exclusively within the Court’s purview, the Parties shall attempt mediation with a Louisiana-qualified mediator before filing any non-emergency motion.

8.4 Limited Arbitration Availability. To the extent permitted by Louisiana law and subject to Court approval, the Parties may elect binding arbitration for discrete, non-custody financial disputes (e.g., unreimbursed medical expenses). Custody and visitation matters remain non-arbitrable.

8.5 Injunctive Relief. Nothing herein limits a Party’s right to seek immediate injunctive relief from the Court to protect the Children or enforce this Agreement.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment is effective unless in writing, signed by both Parties, and approved by the Court. No waiver of a breach constitutes a continuing waiver.

9.2 Assignment. Rights and duties hereunder are personal and non-assignable.

9.3 Successors & Assigns. This Agreement binds and inures to the benefit of the Parties and their respective heirs, legal representatives, and permitted assigns.

9.4 Severability. If any provision is held unenforceable, the remainder shall be given full effect, and the Court may reform the unenforceable provision to the minimum extent necessary.

9.5 Integration. This Agreement, including Exhibits, constitutes the entire understanding and supersedes all prior agreements regarding custody and visitation.

9.6 Counterparts; E-Signatures. This Agreement may be executed in counterparts and by electronic signature, each of which constitutes an original.

10. EXECUTION BLOCK

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

Notary Acknowledgment
State of Louisiana, Parish of [PARISH]
Subscribed and sworn before me on __, 20_, by the above-named parties.

Notary Public
My commission expires: _____

11. EXHIBIT A – LOUISIANA BEST-INTEREST FACTORS

The Court must consider all relevant factors in determining the Children’s best interests, including but not limited to the following non-exclusive list (La. Civ. Code Ann. art. 134):

1. The potential for the Children to be abused.
2. The emotional ties between each parent and the Children.
3. Each parent’s capacity to provide basic needs.
4. The stability of each parent’s home environment.
5. The moral fitness of each parent.
6. The mental and physical health of the Parties.
7. The Children’s history in each home and community.
8. The Children’s reasonable preferences (if of sufficient age).
9. Each parent’s willingness to facilitate a relationship with the other parent.
10. The distance between the Parties’ residences.
11. Past caregiving responsibilities.
12. Any other relevant factor affecting the Children’s best interests.

12. EXHIBIT B – RELOCATION NOTICE PROCEDURE

1. Advance Notice. A parent proposing Relocation must provide written notice by certified mail, return receipt requested, to the other parent at least [60] days before the intended move, or within [10] days of learning of an earlier move date.
2. Notice Contents. The notice shall include:
   a. Proposed new residence address;
   b. Mailing address, if different;
   c. Home and cellular telephone numbers;
   d. Proposed relocation date;
   e. Statement of reasons for Relocation;
   f. Proposed revised schedule.
3. Consent or Objection. The non-relocating parent has [30] days to consent or object in writing. Failure to respond does not constitute consent.
4. Court Approval. Absent written consent, the relocating parent must seek Court authorization before relocating with the Children.
5. Burden of Proof. The relocating parent bears the burden of demonstrating that Relocation is made in good faith and is in the Children’s best interests.

[// GUIDANCE: Tailor timelines to current Louisiana statute in effect at execution.]

13. EXHIBIT C – HOLIDAY & SPECIAL EVENT SCHEDULE

[// GUIDANCE: Add school breaks, birthdays, and cultural/religious holidays as required.]

End of Document